Tabunok vendors file appeal on CA's ruling

CEBU, Philippines - After the denial of their petition for review, the Tabunok Public Market vendors are now seeking for reconsideration before the Court of Appeals (CA).

Lawyer Junjie Manda said they filed a motion for reconsideration yesterday asking for reassessment of the ruling of Associate Justice Nina Antonio-Valenzuela of the CA’s 18th Division.

Manda said their petition was dismissed for lack of proof of service which violates Rule 13, Section 13 of the Rules of Court.

He added their verification and certification of non-forum shopping attached to their petition does not indicate where the notary public was commissioned, either in the province or city, which, Valenzuela found it a violation of Rule 8, Section 2 of the 2004 Rules on Notarial Practice.

However, he said if their motion for reconsideration will be denied again, it’s time they will file a motion before the Supreme Court (SC).

The vendors at the Tabunok Public Market filed a petition to the CA to look into the decision of Regional Trial Court (RTC) Judge Douglas Marigomen dismissing their petition for preliminary injunction.

In their petition, the vendors question the legality of the closure of the Tabunok Public Market claiming there was no public hearing conducted by the Sangguniang Panlungsod (SP) of the City of Talisay before the move was implemented.

On June 17, 2011, Marigomen denied the petition for preliminary injunction filed by the vendors, saying Mayor Socrates Fernandez has complied with the requirements laid down by the law in closing the Tabunok Public Market.

Marigomen said the SP or City Council passed Resolution No. 2011-136 on May 31, 2011 approving and affirming the proposed closure of the Tabunok Public Market.

The vendors filed an injunction to stop their transfer to Talisay City Public Market in Barangay Lagtang.  (FREEMAN)