An injunction case was filed yesterday against Mayor Tomas Osmeña and his demolition chief over an impending demolition order against the supporters of his political nemesis living in barangay Tinago.
Jonah John Rodriguez, Carmen Montemayor, Bonifacio Montemayor and Lucio Patalita, supporters of former mayor Alvin Garcia, asked the Regional Trial Court to issue a Temporary Restraining Order and Writ of Preliminary Injunction against Osmeña and Vicente Mercado, chief of the Cebu City Squatters Prevention Encroachment Elimination Division, to prevent the demolition of their houses.
In a petition, the complainants said that on June 11, Osmeña ordered to demolish their houses for allegedly being “untoward and illegal” structures that blocked the alternative access to Zulueta Street in barangay Tinago.
The complainants said the demolition order was served to them by Mercado last June 20 and that they were given until July 31 to voluntarily destroy their houses otherwise the demolition team will be forced to implement the order.
But the complainants said the demolition order was “hastily” done and that they were not given due process.
They also alleged that the demolition order was based on false information provided by Osmeña’s “wealthy” political supporters in the barangay.
The complainants claimed that prior to the issuance of the demolition order, their “wealthy and influential’ neighbors wrote a letter to the mayor complaining that their houses are allegedly blocking the access.
They said that the complaint was not true and that the lot where their houses are situated are their personal property acquired by their ancestors long before.
They even alleged that the impending demolition order is reportedly politically motivated because they were allegedly singled-out even if there are about 15 of them in the area.
Rodriguez, Garcia’s former private secretary, was earlier convicted in 2006 for sending nasty and threatening text messages to the mayor’s wife Margot. The Municipal Trial Court has sentenced him up to six months in jail and ordered him to pay a P500 fine, P200,000 in damages and P25,000 in attorneys’ fees.
The complainants, assisted by Garcia’s son, Raymond, claimed irreparable damage if the alleged “void” demolition order will not be stopped. Aside from asking for the issuance of a TRO and a writ of preliminary injunction, the complainants are also asking P50,000 to defray the litigation cost. — Fred P. Languido/JMO