SAN CARLOS CITY—A Regional Trial Court (RTC) judge here issued a preliminary injunction or status quo order enjoining a businessman from exercising his rights of ownership on the controversial century-old Bayambang Central School.

In a two-page order dated Sept. 5, 2016, Presiding Judge Hermogenes Fernandez of the RTC Branch 56 said “respondent Willy Chua is hereby required to answer the petition for relief from judgment within a period of 15 days from receipt of the copy of the petition”.

Fernandez said, “A preliminary injunction or status quo order is hereby issued effective until the merits of the petition and main case are heard and terminated, and conditioned upon the filing of an injunction bond which the court fixes to be in the amount of five hundred thousand pesos (P500,000).”

“Likewise in the interest of justice and for the preservation of the rights of the parties involved in the case upon filing by the Municipality of a bond, the court resolves to issue a preliminary injunction or a status quo order enjoining the plaintiff-respondent or any of his representatives and agents from exercising rights of ownership on the subject property until the petition and the main case are heard and terminated,” Fernandez said.

A petition from judgment was filed by defendant-petitioner Municipality of Bayambang, Pangasinan on Aug. 30, 2016 through Municipal Legal Officer Rodelynn Rajini Sagarino against Willy Chua in his capacity as the general manager of Super Concrete Aggregates.

On June 27, 2016, a decision was rendered by the Court in the main case for specific performance filed by Chua which became final and executory on July 23, 2016. A writ of execution dated Aug. 9, 2016 was later issued. Chua and his agents initiated the fencing of the old school premises.

The June 27 decision of Fernandez compelled the municipality to free the property covered by Tax Declaration No. 1228 from any occupants and deliver peaceful possession thereof to the plaintiff. Chua filed a four-page complaint at the RTC demanding that the municipality of Bayambang should honor its obligation (specific performance) which means that the town must deliver the land to him.

This prompted the municipality of Bayambang led by Mayor Cezar Quiambao to file relief from judgment.

It will be recalled that former mayor Ricardo Camacho issued an executive order to transfer temporarily the Bayambang Central School location to a two-hectare property Chua owns in Barangay Bical allegedly due to dengue. The old school was abandoned in 2013 in favor of the new site where a 60-classroom building was built by Chua in his property.

The Department of Education then opposed Camacho’s move, prompting the local government at that time under Camacho to file a complaint for injunction against this government agency. The RTC issued a restraining order forcing them to abide by Camacho’s order for the relocation. (Tita Roces)

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