Wednesday, November 05, 2008 2 brods ask court to cite officials in contempt
TWO brothers, who are also contractors, asked the court to cite Consolacion town officials for indirect contempt of court for the alleged continued excavation in Barangay Danlag despite a pending case.
Angelus and Fortunato Sanchez Jr. filed a manifestation in court claiming that Consolacion officials failed to heed the terms and conditions of an agreement made during a hearing last June 1 in the Mandaue City Regional Trial Court branch 28.
Consolacion Mayor Avelino Gungob Sr. and members of the town council were named respondents in a case for the revocation of the deed of conditional donation with prayer for temporary restraining order and a writ of preliminary injunction with damages.
Agreement
In a manifestation prepared by lawyer Teddy Piasidad, the Sanchez brothers noted that an agreement was made to allow the defendants to haul the remaining stockpiles within their property.
However, no more excavation and quarry activities would be allowed.
Hauling trucks were also supposed to pay an entrance fee of P100 to traverse Sanchez’s private road leading to the project site.
“Defendants, however, have brazenly violated the agreement by excavating and quarrying the limestone and other earth materials found within the premises of plaintiffs’ properties, or those portions adjacent to where the proposed mountain highway will pass through, using government-owned dump trucks and heavy equipment in Brgy.
Danlag, Consolacion,” the Sanchezes’ manifestation read.
The quarrying and excavation, according to the manifestation, did not have the plaintiffs’ consent.
Permit
Even the Environmental Management Bureau (EMB) 7 of the Department of Environment and Natural Resources intervened by asking the Provincial Government to cancel the gratuitous permit issued to the Municipal Government of Consolacion.
In a letter to Gov. Gwendolyn Garcia, Acting EMB 7 Director Roger de Dios said the permit was issued only for the passenger terminal project of Consolacion.
However, the hauling of limestones continued even after the project was terminated.
Last Aug. 28, Garcia, in an administrative order, revoked the said gratuitous permit issued to Consolacion.
Attached to the manifestation is an affidavit of a security guard affirming the allegations of the Sanchez brothers on the continued hauling in the said area. (JGA)
