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Wednesday, November 23, 2005
Capitol defends fencing of area near bus terminal
The Cebu Provincial Government assailed the motion of the South Bus Terminal Homeowners’ Association for a “status quo” in the fencing of the property.
The Capitol, through provincial legal officer Marino Martinquilla, said the move was an exercise of the Capitol’s right as owner of the land.
The 3,000-square-meter property near the South Bus Terminal was fenced following a fire in the area last Nov. 5.
The homeowners, meanwhile, suspect the fire was “planned.” They filed a motion citing real estate administrator Paul Entera in contempt and asked the court for an injunctive writ to stop Capitol’s actions on the property.
“There is no question that the fire last Nov. 5 that razed to the ground the houses of the defendants was a fortuitous event, that it could not be blamed on the province of Cebu or Entera,” the province’s comment read.
The homeowners had argued that status quo should have been observed while the case for unlawful detainer remained to be resolved in court.
The Provincial Government filed the case against the homeowners in 2002. Fencing the property would be a violation of the status quo, the defendants said.
But the Capitol argued it is just exercising its “right as owner and lawful possessor of the subject parcel of land,” as provided for in Articles 429 and 430 of the Civil Code of the Philippines.
An injunctive writ is also “highly improper” for lack of urgent necessity, the Provincial Government said.
“Where is the damage that defendants sought to prevent that demands the injunctive relief? Clearly none, their houses are already non-existing,” the opposition read.
“There is really a need for additional space for a much-needed expansion of the terminal,” Gov. Gwendolyn Garcia earlier said. (JGA)
(November 23, 2005 issue)
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