Monday, July 26, 2004 Talisay City seeks dismissal of injunction on order to close poultry farm
THE Talisay City Government has sought the dissolution of the preliminary injunction that the Regional Trial Court (RTC) had granted to the owners of an “illegal” poultry farm in Barangay Linao, which it ordered closed last year.
City Attorney Aurora Econg in a motion filed last week said the writ of preliminary injunction that put on hold the implementation of the closure order against the unlicensed poultry farm of spouses Jose and Lilia Ybanez must be dissolved in the “interest of justice.”
Econg said the City Government must be allowed to enforce the closure order for the greater number of Barangay Linao residents whose health had long been exposed to great peril because of the farm’s alleged highly unsanitary condition.
Personal gain
The farm owners, according to Econg who is also the city administrator-designate, in continuing the operation of their “illegal” farm are only thinking of their personal gains without considering their social responsibility.
Colds and influenza are common among children in Sitio San Miguel due to the proximity of the “poorly-managed” farm to residences, Econg said, adding that an outbreak of dengue and bird flu is highly feared with the onset of the wet season.
The office of then mayor Eduardo Gullas had been swamped with complaints against the Ybanezes’ facility.
At the start, the couple obtained a variance permit from the then municipality to operate a backyard poultry with a stock of not more than 20 heads.
But reportedly what they raised at any one time was a flock of broilers in thousands having become contract growers for a chicken-producing company.
Their application for an environmental compliance certificate was reportedly never approved because the barangay refused to issue them a clearance.
Through the years, the Linao Barangay Council had passed a number of resolutions asking the mayor’s office to padlock the farm, which it considered a public nuisance, to no avail.
City’s concern
In having the farm’s operations stopped, Econg said, the City’s main concern is the protection of the people’s welfare and health in general.
The previous city council then presided by vice mayor Lani Abarquez recommended the farm’s closure in 2003 after an investigation conducted by the health committee showed it violated the Health and Sanitation Code and lacked the required permits.
Gullas, acting on the council’s resolution, issued a “notice to close “ in April 2003 but the closure order was never implemented because the Ybanezes obtained a preliminary injunction from the RTC Branch 20 last year.
The Ybanezes’ petition for a temporary restraining order and preliminary injunction was initially denied by Judge Bienvenido Saniel Jr.of RTC Branch 20 despite their claim that they were not accorded due process before their operations were ordered stopped.
Reconsidered
But last December, Saniel reconsidered his decision and issued the injunction.
However, the writ of preliminary injunction was only issued by Saniel to the farm owners on July 7 this month after a bond of P100,000 was posted.
A week before the issuance of the writ, Gullas who was winding up his term of office as city mayor, issued a cease-and-desist order against the Ybanezes’s business on the behest of Barangay Linao officials and residents.
Cited by Gullas this time in ordering the closure of their farm was the couple’s failure to secure business, sanitary and building permits, which is a violation of the City Tax Ordinance.
The couple retaliated against Gullas by asking the court to cite him in direct contempt for issuing another closure order.
But according to Econg, Gullas did not order the closure of the couple’s farm but only asked them to cease their operations in the meantime that a business permit and other required clearances are obtained.
The petition will be heard today. RJ
(July 26, 2004 issue) Write letter to the editor.Click here. Join the Sun.Star message board.Click here.
