Court issues TRO: UP can fence lot, but needs permit

CEBU, Philippines - The court has granted the application of the University of the Philippines Visayas Cebu College for a temporary restraining order for 20 days to prevent previous occupants of its lot in Lahug to rebuild their structures that were burned.

The court has also ordered Lahug Barangay Captain Mary Ann de los Santos to stop preventing the school from fencing the property.

Regional Trial Court Judge Sylvia Aguirre-Paderanga of Branch 16 granted the application of UP and has set a hearing for the application for permanent injunction on November 24.

“TRO is hereby issued, defendant (de los Santos) is stopped from further preventing the plaintiff from taking possession of its property,” Paderanga said yesterday.

But while granting the school’s application for TRO, Paderanga said that the school should still apply for a permit to fence the whole property.

UP, through its counsel Atty. Jesus Isidro Atoc said that UP has already applied a fencing permit at the barangay hall, but this has not yet been acted upon to date.

De los Santos said that she is weighing things already and said that there is a pending opposition to UP’s application by the heirs of Prudencio Magno, another lot owner.

The barangay captain however said that she will abide by the decision of the court.

De los Santos expressed in open court yesterday about her dismay about the way school’s administrative officer Alsidry Sharif dealt with her.

“I felt betrayed. He (Sharif) pretended that he is open for talking and I just read on the paper that they already filed a suit against me,” de los Santos said.

“I was hoping that they will be true to their word especially Mr. Sharif. What they did is a betrayal of trust and confidence I had with him,” de los Santos said.

She maintained her stand that “eviction by fire” is unacceptable.

Paderanga on the other hand suggested that the fire victims, who are settlers of the property, be given enough time until they will find a relocation site.

UPVCC filed last Friday a civil suit against de los Santos to stop her from preventing the university from taking possession of Lot 911-B-2-C-2-E in sitio San Jose, barangay Lahug, Cebu City. The school said the fire victims have been illegally occupying a portion of the university-owned property.

Sharif signed the letter to de los Santos seeking the barangay’s help in securing its property upon the recommendation of the school’s hierarchy and in observance of the university’s policies and rules.

Sharif and de los Santos had a dialogue at the Lahug barangay hall last week. They agreed for Sharif to bring the issue to the higher officials of UP so there will be a dialogue between the university and the displaced families.

The school is claiming ownership of the lot, which is being opposed by the barangay and by the Cebu City government, and attempted to fence the area, only to be stopped by the affected families.

De los Santos earlier said that she is also set to file this week an opposition to the university’s petition for TRO over the lots occupied by victims of last week’s fire in the area.

The barangay, for its part, will be giving housing materials worth P500,000 for the victims.

“We are literally building houses for them. It is our decision to give the housing materials for the victims. I don’t have to ask for the city government as our barangay is independent and autonomous,” de los Santos said.

Families displaced by the fire, however, are appealing to officials to set aside their conflicts for the meantime just so their needs could be attended to. –/NLQ   (FREEMAN NEWS)