Court issues TRO against Tom on demolition order

The court yesterday granted the request for a temporary restraining order from the residents of barangay Tinago and political supporters of former Cebu City mayor Alvin Garcia whose houses are threatened with demolition by the city government.

Regional Trial Court Branch 58 Judge Gabriel Inglis issued the 20-day TRO against Mayor Tomas Osmeña and city demolition chief Vicente Mercado who were named respondents in the civil case for injunction filed by Jonah John Rodriguez, Carmen Montemayor, Bonifacio Montemayor and Lucio Patalita.

The four, who were supporters of Osmeña’s political nemesis, earlier asked for TRO and writ of preliminary injunction because of the demolition order against their houses.

The demolition order is supposed to be implemented tomorrow but a status quo will be observed because of the TRO.

Lawyer Raymond Alvin Garcia, counsel for the complainants, said they are glad over the initial victory of his clients. Garcia said they are hopeful that after a hearing of the case, a decision will be rendered in favored of his clients.

“The court saw to it that there will be no irreparable damage,” he said.

In their petition, the complainants said Osmeña ordered on June 11 for the demolition of their houses for being “untoward and illegal” since they blocked the alternative access to Zulueta Street in barangay Tinago.

According to the complainants, the demolition order, which was served to them by Mercado last June 20, gave them until July 31 to voluntarily destroy their houses.

Rodriguez, who used to be the private secretary of former mayor Garcia, and the other complainants said the demolition order was “hastily” done and that they were not given due process.

The complainants also alleged that the demolition order was based on false information provided by “wealthy” political supporters of Osmeña in the area.

They 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 road.

They said that the complaint was not true and that the lots where their houses are situated are their personal property acquired by their ancestors long ago.

Rodriguez and his group said the mayor’s demolition order is somehow politically motivated because they were the ones singled-out even if there are about 15 families living in the area.

The complainants said this could be because they are political supporters of Garcia. – Fred P. Languido/LPM