CAGAYAN DE ORO

Barangay Nazareth 'has jurisdiction' over tennis court

OFFICIALS of Barangay Nazareth now has the full management and supervision of the operation of three tennis courts in the village.

This came after the Municipal Trial Court in Cities (MTCC) Branch 7 denied the application for preliminary mandatory injunction filed by the Lawn Tennis Club Inc. (NLTC) against Nazareth village chief Maximo Rodriguez III and two other barangay officials.

In a 10-page order penned by Presiding Judge Carolyn Casino-Damasing and issued on January 24, the court said the NLTC failed to establish a clear and unmistakable right over the premises of the tennis courts as the evidence disclosed, as it has itself conceded, that:

[1] They are located in an open space devoted to public use forming part of the public dominion, hence beyond plaintiff's possession claim;

[2] Although its ownership is with the City Government, the open space where the tennis courts are located lies within the jurisdiction of defendant Nazareth;

[3] The closure of the tennis court premises was pursuant to an executive order that is presumed valid.

The court ordered that "the whole records of this case be remanded to the office of the Clerk of Court (OCC) of this court, for the re-raffling to the appropriate court for further proceedings thereat together with the records in 'Vincent John Elago v. Maximo Rodriguez, et al. for forcible entry, an interrelated case, which was earlier on ordered to be remanded to the OCC for re-raffling to the appropriate court for disposition thereat but was kept on hold to await the termination of the hearing, and disposition, of the instant application for preliminary mandatory injunction."

"Tanan kaso gideny na sa MTCC. Though ang City Government ang owner, gihatag na sa korte sa amo ang management and supervision. Wala na ang NLTC," Rodriguez said.

Last July, the village officials took possession of the premises and ordered the NLTC to vacate the property for the construction of the P21-million barangay multi-purpose hall.

However, the City Government stopped the barangay from implementing any demolition in the area.

Rodriguez said the planned multi-purpose building will be built instead at the present village hall.

He said a playground for children will be constructed at the first tennis court, while the second and third courts will be open to all residents and schools in the city.

"Ilibre na namo sa tanan ang second and third courts sa tanang residente ug schools sa CDO (Cagayan de Oro) but schedule gihapon. Ang importante nawala na ang gambling diha ug ang inom," Rodriguez said.

He also said the NLTC is also welcome to use the courts.


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