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Saturday, September 09, 2006
Mall tenants secure TRO
Barely beating their scheduled demolition, the 10 tenants who earlier filed a civil suit against the owners of the Mango Square commercial complex secured a temporary restraining order (TRO) yesterday.
Protected by the 72-hour TRO, the stall owners want to continue operating, with the restoration of power and water supply earlier cut off by the owners.
Their lawyer, Francisco Amit, revealed that a demolition was scheduled at 2 p.m. yesterday.
Vice Executive Judge Fortunato de Gracia of the Regional Trial Court (RTC) issued the TRO at 1 p.m., and it was implemented 15 minutes after.
Amit told Sun.Star Cebu that they did not immediately apply for a TRO, after owners Ludo and Luym Development Corp. tried to open negotiations with the stall owners.
They filed the civil suit for breach of contract last Tuesday.
Not satisfied
But Amit said they were not satisfied with the offer and so decided to seek the TRO at 10 a.m. yesterday.
In a sworn affidavit, Blair Kabahar of Chill Ville and Rene Junio of Barrio Loco said they were summoned to a meeting by representatives of Ludo and Luym and Conrad Steven Ding, former operations manager of Mango Square.
“During the meeting, we were offered a minimal sum of money and a possible relocation area, but (this was) turned down by us for being iniquitous,” the statement read.
It was during the same meeting that they were informed of the scheduled demolition yesterday.
An ABS-CBN report, though, said that Mango Square demolished 19 of the 27 stalls in the commercial complex.
Stand
The plaintiffs reiterated their stand that they will only voluntarily demolish their stalls if ordered by either the Cebu City Government or the RTC.
They remain firm that the problems complained about by Cebu City Mayor Tomas Osmeña were addressed to the owners and not the tenants.
“The problems facing the defendants arose out of their own doing, as they failed to ensure that there are adequate comfort rooms, et cetera, thereby giving rise to problems in sanitation, traffic and others,” the tenants stated.
Mayor Osmeña called for the closure of the entire Mango Square mall for its “blatant” violations of the National Building Code and the Fire Safety Code.
The mayor was irked at the construction of the kiosks and bars on the mall’s parking lot, which violates the Building Code, and also said the three-story building is a fire hazard.
Blamed
The 10 tenants instead blamed the owners and filed the civil suit against them, claiming that their businesses should be able to operate until the end of their contracts.
They also sought P2 million in damages.
The plaintiffs are Ruth Adizas (Daj Bar); Flordeliz Alfeche (Pinoy Corner); Jericho Custodio (Chill Ville); Alita Jordan (Jaruk); Joel Lee (Booze and Burp); Jovelan Mayol (Kawki’s Kiosk); Gerard Pañares (Barrio Loco); Luisito Sarsaba (Beach Roots); Theodore Villarimo (Marthe’s Place); and Vince Yap (Cravingz). (JGA)
For Bisaya stories from Cebu. Click here. (September 9, 2006 issue)
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