Tuesday, November 07, 2006 7 Mango Square tenants want to pursue case
AT least seven tenants of Mango Square Commercial Complex affected by a demolition last September said they are still interested in pursuing the case.
In a motion, the owners of the business establishments asked the court to reconsider its decision denying the application for preliminary injunction they sought, after admitting they are no longer interested in continuing business at the complex.
But the tenants said that their disinterest does not mean that justice should not be served anymore.
Contract
“They only wanted to relay their dismay over the callousness of the defendants,” the six-page motion for reconsideration read.
The tenants filed a civil case for breach of contract with prayer for temporary restraining order (TRO) and preliminary injunction with damages against Ludo and Luym Development Corp., owner of the commercial complex on Gen. Maxilom Ave.
This came at the height of Cebu City Mayor Tomas Osmeña’s threats to close the Mango Square Mall for various violations.
The plaintiffs are Ruth Adizas (Daj Bar); Jericho Custodio (Chill Ville); Alita Jordan (Jaruk); Gerard Pañares (Barrio Loco); Luisito Sarsaba (Beach Roots); Theodore Villarimo (Marthe’s Place); and Vince Yap (Cravingz).
Three original plaintiffs withdrew from the case and voluntarily dismantled their stalls.
In an order dated Oct. 5, Regional Trial Court (RTC) Judge Gilbert Moises denied the application for preliminary injunction.
“Their subsequent admission, however, that they have lost interest in their original plea for the restoration of the electrical and water supply to their structures, since they are no longer interested in pursuing their respective business ventures, further weakens the urgency of the injunction,” the court’s three-page order read.
The owners of the commercial complex stopped the supply of water and electricity to the establishments during the threat of the closure.
Damages
Moises also said that the only issue left to be resolved is the tenants’ demand for P2 million in damages.
The plaintiffs believe that the demolition of the stalls will tend to render any judgment ineffectual.
“This is because if the court will decide in the main case for the plaintiffs it will already be impossible to do so with their stalls already demolished, aside from the proprietary rights of the same,” the tenants motion for reconsideration read.
The tenants also said that the fact that the executive judge issued a 72-hour TRO just before the demolition was scheduled means that there was urgency in the matter. (JGA)
