Court finds inconsistency in petitioners’ position

The pursuit of some barangay Tinago residents to permanently stop Cebu City Mayor Tomas Osmeña and his demolition chief from implementing an impending demolition order against their houses suffered a setback after the court observed an inconsistency in their position.

Regional Trial Court Judge Gabriel Inglis, who earlier granted a 20-day Temporary Restraining Order that stalled the supposed demolition last week, pointed out the conflicting position of the petitioners in their arguments why the court should issue a writ of preliminary injunction to further defer the implementation of the demolition until the case shall have been resolved.

Petitioners’ counsel, Raymond Alvin Garcia, argued that his clients should be granted with a writ of preliminary injunction because they have a right over the property that sought to be demolished and such right will be violated.

Garcia said that his clients, Jonah John Rodriguez, Carmen Montemayor, Bonifacio Montemayor and Lucio Patalita, have been threatened with a demolition order by Osmeña and demolition chief Vicente Mercado.

Garcia presented Rodriguez yesterday as its first witness, who testified that he is one of the four house owners in barangay Tinago that were threatened to be demolished. Rodriguez said that the house is owned by his grandparents and has been there since the 1960s.

Rodriguez said they have also been paying real property tax for the building. However, he was surprised when he and three other respondents were issued a demolition order last June based on the complaints by some of their neighbors for allegedly blocking the alternative road and the estero causing it to overflow. — Fred P. Languido/MEEV