Thursday, June 24, 2021

Puguis claimants get TRO

DEMOLITION of illegal structures inside the Puguis Communal Forest was stopped following the issuance of a temporary restraining order (TRO) Thursday, June 20, by a Regional Trial Court (RTC) in La Trinidad, Benguet.

An annulment of demolition order and demolition advised injunction with prayer for 72-hour TRO and writ of preliminary injunction was filed by plaintiffs Pedro Isican and Gretchen Fagyan through their counsel on June 18 against defendants Mayor Romeo Salda, Municipal Engineer Benedict Pineda, and all persons acting under them.

Attached to the complaint is an urgent motion praying, among others, that before the matter to be heard on notice, the court immediately issue a 72-hour TRO, enjoining the defendants and all persons acting under them to cease and desist Demolition Order 01 PUG-2019.

On May 30, a demolition order was issued by the local government unit for over 10 structures. Under the demolition order, the Community Environment and Natural Resources Office-Department of Environment and Natural Resources issued several certifications of the illegal structures.

"Without delving into the merits of the above-entitled case, a cursory reading and examination of the motion, complaint and its annexes shows that great and irreparable injury may result to the plaintiffs, if the defendants and all persons acting them will enforce the Demolition Order 01-PUG-2019 at Puguis, La Trinidad, Benguet," said the TRO approved by Executive Judge Jennifer Humiding.

"The plaintiffs stand to lose their structures which cannot be restored to its original condition should it be demolished," the order added.

Lawyer Bartolome Baldas, La Trinidad legal officer, said the local government unit will abide with the decision of the court.

A hearing was made on Thursday, June 20, at the RTC Branch 63 whether or not the 72-hour TRO be extended.

Another hearing is set next month for the writ of preliminary injunction.


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