Tuesday August 21, 2018

Court asked to quash chicken dung closure order

Beatriz Timog, Rose Maliones and Arnel Lagadeo have filed a civil case of annulment of the closure order issued by the office of the Mayor of La Trinidad with the prayer for the issuance of temporary injunction order.

The case was filed at the Regional Trial Court on June 11 against the municipality represented by Mayor Romeo Salda, Municipal Permit and Licensing Division Lawrence Balud and all other persons acting upon the closure order.

Plaintiffs prayed for the closure order dated May 28 issued by the mayor to be declared null and void.

The traders claimed that in 2017, Maliones together with Lagadeo rented for one year at least 4,000 square meters of a lot intended as parking and transfer station for their trucks hauling construction materials and supplies.

Timog is said to be the registered owner of the five adjoining lots located in Acop, Tublay, Benguet covered by five Transfer Certificates of Titles with a total area of 5,000 square meters.

Previously, Lagadeo and Maliones have trucks being used for hauling chicken dung, utilizing the storage area located at another area being operated by Melecio Orig which is allegedly within the jurisdiction of La Trinidad and has been existing and being operated for more than five years without being interrupted or disturbed by any local government unit.

However, during the first quarter of 2018, both Lagadeo and Maliones were forced to transfer some of their trucks which are hauling chicken dung from their original parking area being operated by Melecio Orig to the present parking area as the latter increased the parking charges exorbitantly.

The plaintiffs in addition said the issuance of the closure order is in violation of equal protection clause of the constitution as the plaintiffs were being singled out considering the LGU for the past years did not bother to question the operation of Orig who is engaged in chicken dung trading.

Salda said the municipal legal office is now preparing the appropriate action in accordance to the closure order which was violated consecutively, and the cases filed against the municipal government.