CEBU, Philippines - The Province of Cebu filed a petition for certiorari before the Court of Appeals seeking for the reversal of the resolution stopping them from committing any act of destruction of the existing structures in the Department of Agriculture (DA)-7 compound.
This after the lower court earlier denied the plea.
The Province of Cebu through lawyers Marino Martinquilla and Donato Villa elevated the case to the CA asking for the reversal of the ruling of the lower court dated August 20, 2010 and June 28, 2011.
They stated that the court through Judge Douglas Marigomen, presiding judge of Regional Trial Court Branch 5, denied their motion for reconsideration without justification.
“The respondent RTC Branch 5 Judge erred in issuing the subject August 20, 2010 resolution granting herein respondents’ application for a writ of preliminary injunction and resolution dated June 28, 2011 denying herein petitioner’s motion for reconsideration without proof, showing and mention of a clear, unmistakable, material and substantial right of the herein respondents,” petition reads.
They added that Judge Marigomen “has clearly acted without or in excess of its jurisdiction, or with abuse of discretion amounting to lack or excess of its jurisdiction.”
The court denied the motion for reconsideration filed by the Province of Cebu for lack of merit. Marigomen likewise said the entire property is covered by the preliminary injunction.
Marigomen issued a preliminary injunction against the Province of Cebu stopping them from “disturbing the possession of the occupants of the DA compound and the operation of the DA laboratories in the property along M. Velez St.”
This after the residents of the DA compound, assisted by the Cebu City Government filed a petition for injunction with prayer for a temporary restraining order against the Provincial Government after they were ordered to vacate the property along M. Velez St.
The Province of Cebu wanted to recover the property occupied by DA-7 claiming they are the owner of the said lot after the usufruct agreement that limits the term of use to 50 years expires.
Such claim was object by the City of Cebu citing the original title of the lot reportedly indicates that it is owned by the national government and not by the province. The title was retrieved from the archives of the DA 7. (FREEMAN)