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Thursday, November 03, 2005
Condo occupants want City Hall declared in default
Occupants of the City Hall-owned condominium want the Cebu City Government to be declared in default after its lawyers failed to appear in a hearing to settle their differences.
Through their lawyer Gil Tanyag, the Condominium for United People’s Initiative and Development (Cupid) Residents Association Inc. said the City Government failed to answer the case within the prescribed period.
A hearing was scheduled to take place last Oct. 26 at the Regional Trial Court (RTC) Branch 26, so both parties can settle various issues surrounding the case.
Cupid filed a civil case against City Hall and the Visayan Electric Company (Veco) with preliminary injunction and temporary restraining order (TRO) for the cutting off of all power lines in the condominium last September.
Mayor Tomas Osmeña revoked the electrical permits of the 85 condominium units and deemed the residents as illegal occupants because they do not qualify as urban poor housing beneficiaries.
Opposition
In its opposition to the injunction and TRO, the City, through lawyer Joseph Bernaldez, said the court is yet to rule on the motion for bill of particulars on the case filed against them.
“(City Hall) noticed that the complaint is not only ‘un-paginated’ but also wanting of Page 2. Such being the case, the City of Cebu cannot be expected to make a complete and intelligent answer to the complaint,” the motion read.
Request
Bernaldez reminded Tanyag that he acceded to the latter’s request during their first meeting last Oct. 6.
Tanyag then sought for the postponement of the hearing and asked Bernaldez to convey to Osmeña their request to have the power restored and to be open to negotiations with them, in a bid to save time and litigation expenses. Bernaldez agreed, so did RTC Branch 26 Judge Generosa Labra.
“It would be highly unjust and un-gentlemanly for Tanyag to engage (City Hall) in technicalities when he himself had asked for the liberality of the undersigned and the court last Oct. 6,” the opposition read. (JGA)
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