Court extends TRO on Capitol's move to demolish coop building

CEBU, Philippines – The Regional Trial Court has restrained the Cebu Provincial Real Properties Task Force from demolishing the office of a multi- purpose cooperative in barangay Kalunasan while its petition for a Temporary Restraining Order against a demolition move by the provincial government is still being heard in court.

In an order, RTC Branch 17 Judge Silvestre Maamo extended the 72-hour TRO to 20 days and ordered the task force and Provincial Treasurer Roy Salubre to maintain status quo until the court hears the cooperative’s application for a preliminary injunction against the province.

The Langub-Kalunasan Multi-Purpose Cooperative earlier filed a petition for injunction and asked the court to stop the provincial government from demolishing the two-storey building it is constructing in a 30-square-meter lot owned by the province. The petition stemmed from a notice of demolition that the province issued on June 17.

The cooperative’s chairman, Antonio Canoy, said the cooperative has the right to peacefully possess the building they built on the province lot in Kalunasan because negotiations to purchase the property has already been consummated by two resolutions earlier passed by the Provincial Board.

In 2003, the board reportedly passed a resolution authorizing then Governor Pablo Garcia to sell the property to the cooperative. The resolution, however, was not implemented until a new set of provincial officers were elected. Upon the assumption of Governor Gwendolyn Garcia, the Provincial Board passed another resolution amending the previous authority given to the governor to sell the property in Kalunasan. Canoy said it is exactly by virtue of the two resolutions that they built a deep well at the lot believing that the province would make true its intention to sell the lot. “

He said that the province’s intention to demolish the property would mean a stoppage of their water service to the residents in sitio Langub in barangay Kalunasan and would cause “irreparable damage and injury” to the cooperative.

The cooperative asked to be allowed to pay the price of the property or make judicial deposit in the amount equivalent to the lot’s market value. – Jasmin R. Uy/JMO (THE FREEMAN)