CEBU, Philippines - A couple filed a civil case against the Carcar City Government, Mayor Nicepuro Apura and Engineer Daisy Toledo for what they say was unlawful taking over of their land.
Jose and Rosalita Kong filed a civil case for preliminary injunction and temporary restraining order (TRO) and damages against the City Government of Carcar, Apura and Toledo.
The couple, residents of Poblacion I, Carcar City, asked the court to refrain the defendants from taking their lot and buildings for public use without payment of just compensation.
They asked the court to grant their application for writ of preliminary injunction and three days TRO otherwise they will suffer from grave injustice and irreparable injury.
They claimed to be the lawful owner of four parcels of land located in Poblacion II, Carcar City which will be affected by a road widening project.
The couple said the four parcels of land are adjacent to the National Highway known as Calle de Dr. Jose Rizal. They said they owned the properties for more than 30 years now.
They stressed that two parcels of their land are being used, having a commercial building where a bakeshop owned by Brenda Ouano has been renting since 2005. They said they only learned from the employees of the bakeshop that the land will be used to widen the national highway and any structure that obstructs the project will be demolished.
“The worst part is that, as owners of the lot and the building leased by the bakeshop, we were not informed. The City Government notified only Ouano,” couple said.
They added that because of this, they had suffered from mental anguish, serious anxiety and sleepless nights so they are asking for P100,000 in moral damages.
The couple also asked to be reimbursed for the attorney’s fees and other costs of litigation. — (FREEMAN)