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Thursday, September 07, 2006
Tenants consider TRO against mall
A day after filing a civil suit against owners of the Mango Square Commercial complex, 10 tenants are now contemplating on asking the Regional Trial Court (RTC) to issue a temporary restraining order (TRO).
This after reports that Ludo & Luym Development Corp., owner of the complex, is planning to demolish the stalls by themselves, said lawyer Franciso Amit who is representing the 10 tenants.
More immediate
The civil suit for breach of contract filed by the tenants is under a regular raffle, which means that they have to wait until next Monday to know which judge would handle the case.
Consequently, it is only until then that they can ask for the issuance of a preliminary injunction to allow the stall owners to operate their respective businesses.
The tenants were forced to stop operating after power and water supplies were cut off in the area.
A TRO is a more immediate solution, which can be sought to maintain status quo, even before hearing for the issuance of preliminary injunction ensues.
According to Amit, his clients are wary that the owners will take matters into their own hands.
In their complaint, the tenants said they would only succumb to a court order or an order of a competent authority such as the Office of the City Mayor of Cebu as far as closure or the shutting down of businesses is concerned.
Amit said the tenants are already anticipating the illegal demolition of their structures anytime.
Procedures
“They (owners) already did not follow procedures when they cut off the power and water supply in the area and we anticipate that their next move would also be illegal,” Amit said yesterday.
The lawyer said the Cebu City Government may reconsider its decision to close down the entire Mango Square if only the management would prepare a concrete plan to correct problems in the area such as sanitation, security, peace and order and traffic.
However, in this case, Amit believes the owners have resorted to drastic measures in cutting off power and water supply and possibly a demolition, for fear that Mayor Tomas Osmeña will close down the entire mall. (JGA)
For Bisaya stories from Cebu. Click here. (September 7, 2006 issue)
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