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[av_heading heading=’ Court denies petition for TRO vs Muelle demolition ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GLENDA SOLOGASTOA
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ILOILO City – The Regional Trial Court (RTC) found no basis to issue a temporary restraining order (TRO) against the city government’s demolition of illegal structures on its 2,600-square meter property on Ortiz Street, Muelle Loney area.
According to City Administrator Hernando Galvez, the city government welcomed the decision of Judge Enriquez Trespeces denying the petition for TRO sought by two occupants of the area, Arturo Deala and Gloria Babas.
Part of the decision stated that plaintiffs Arturo Deala and Gloria Babas “failed to substantiate (their) claim that there is extreme urgency that they would suffer grave injustice and irreparable injury which Rule 58, Section B of the 1997 Revised Rules on Civil Procedure requires.”
“Very clear diri nga gin-deny sang korte ang application for TRO for having no basis,” said Galvez.
With the court decision, there is no more legal obstacle to clear the area of illegal structures, according to the city administrator.
The clearing will give way to the construction of a new and bigger Freedom Grandstand.
“Madamo na kita sang gin-demolish. Kapila na gin-testingan ang validity sang aton akto and we are always sustained by the court,” said Galvez.
During a meeting on July 13, Dumanil gave the illegal settlers on the area 60 days (from July 13 to Sept. 13) to transfer to the city government’s relocation site in Barangay Lanit, Jaro district.
The city government’s Task Force on Anti-Squatting and Illegal Structures (Asis) counted some 38 houses for demolition.
Also to be removed are sari-sari stores and eateries, as well as the regional and city offices of the Bureau of Fire Protection.
In seeking a TRO, Deala and Babas claimed they were not given notice or warning that their properties would be demolished.
Deala owned a residential house turned into an office while Babas was a leasing two residential houses turned into office units.
They also accused the city government of forcible entry.
“The defendant City of Iloilo, without warning, thru Task Force Asis forcibly removed the roofing materials over the said three residential houses turned into offices, thereby committing forcible entry…,” part of the complainant read.
Galvez, a lawyer, dismissed the allegation.
“Forcible entry is a form of action to recover possession, isa na ka specie sang kaso para i-recover ang physical possession. But subong palang, ginaklarar naton, ang forcible entry will never apply sa mga kaso kung sa diin sa kilid ka sang sidewalk ukon sa diin may isa ka government project nga igapahamtang,” he explained.
In 2016, the city government acquired the more or less 2,600-square meter property from Panay Railways./PN
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