Wednesday, September 17, 2008 Sambag I sues Kalubihan over bry. hall
A CEBU City barangay sued another for the building of a multi-purpose and barangay hall.
Barangay Sambag I said the ongoing construction of Barangay Kalubihan Multi-Purpose and Barangay Hall is in its area of jurisdiction.
The petitioner, Barangay Sambag I, is represented by Barangay Captain Jerry Guardo, Lemar Alcover, Ramon Rama, Mario Tallo, Lamberto Catillo, Ma. Luz Flores, Khristie Ann Canares and Vicente Bacus.
Barangay Kalubihan was represented in the petition by Barangay Captain Carmilo Millan.
The suit, filed at the Regional Trial Court, was for injunction with prayer for the issuance of preliminary injunction and temporary restraining order (TRO) meant to stop the construction of the multi-purpose and barangay hall.
“As a matter of fact, Barangay Kalubihan, Cebu City is in the process of constructing the said barangay hall even upon the strong protest of the petitioner,” read the five-page petition.
The multi-purpose hall is to be erected inside the Cebu City Central School.
But the school is located in Barangay Sambag I, the barangay officials said.
It was a product of a memorandum of agreement signed by Millan and then Cebu City schools division superintendent Leonilo Oliva.
“The (Department of Education) shall allow (Barangay Kalubihan) the use and have the possession and the construction of a barangay hall within the school premises as specified in the sketch plan with an area of 76 square meters by mere tolerance or on temporary basis subject to the number of population of the school per school year,” read the memorandum of agreement signed on December 2005.
Officials
Millan signed the agreement in behalf of the barangay officials of Kalubihan by virtue of a resolution.
“The transfer of the barangay hall of Kalubihan to the Cebu City Central School which is within the territorial jurisdiction of Sambag I is a violation of the New Local Government Code,” the petitioners said.
It specified section 11 of the decree on selection and transfer of government site, offices and facilities. It read, “No such transfer shall be made outside the territorial boundaries of the local government unit (LGU) concerned.”
To preserve Barangay Sambag I’s rights, the LGU asked the court for the issuance of a TRO and eventually an injunction.
Sambag I is also willing to put up a bond payable to the respondent should the court eventually decides against the petitioners. (JGA)
