Court case filed vs. city
The construction of a P100 million Seafood Processing Plant in sitio Russia, barangay Bonuan Binloc through a grant extended by the Korean government is now facing serious delays after residents filed a petition for a writ for preliminary injunction and/or temporary restraining order against the Dagupan City government before the Regional Trial Court.
The case was filed three days after the residents successfully negotiated for a week’s extension in the deadline for the demolition of illegal structures in the area and the eventual relocation of the residents.
The residents managed to stop the first attempt of demolition team from the city engineer’s office to demolish illegal structures and houses by organizing a human barricade to prevent them from entering their community.
The residents’ strategy to seek an extension to allow them time to file the petition was viewed by the city government as done in bad faith.
The petition for injunction with a prayer for a writ of preliminary injunction and/or restraining order cited both Mayor Alipio Fernandez Jr. and City Engineer Virginia Rosario as defendants.
It was filed before the sala of Regional Trial Court Judge Genoveva Maramba of Branch 44 by the Sitio Russia of Bonuan Binloc Neighborhood Association represented by Bobby Lito Marina, Violeta Carrera and Horacio Santiago.
Oral argument on the case is set at 2:00 p.m. of August 19, the day the demolition team is supposed to return to sitio Russia and finally demolish the illegal structures in that community.
The plaintiff charged that the defendants have no authority whatsoever to demolish their residential houses since these were constructed long before the enactment of Presidential Decree No. 1096 (anti-squatting law).
They alleged that the land where the residential houses were constructed were public land within the jurisdiction of the Department of Environment and Natural Resources, thus the defendants have no business in claiming that the parcels of land were their houses were built is under their control and disposal.
The complainants said that the continuing threat of the defendants to demolish their houses is a gross violation of their right and the subsequent scheduled demolition will cause them great irreparable injury and injustice. –LM
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