Soc, Talisay City Council members sued for damages

CEBU, Philippines - A couple filed yesterday a civil case for damages and injunction against the Talisay City officials headed by Mayor Socrates Fernandez for allegedly closing down their business establishments without due process.

Spouses Jesus and Nieves Nacario through lawyer Deolito Alvarez accused the Talisay City officials of violating their Constitutional rights when it issued a cease and desist order against the Nacario Trade Center in Barangay Tabunok.

“The questioned cease and desist order which was summarily issued without prior notice and hearing is patently illegal,” the complaint reads.

The complainants named Fernandez, city attorney Owen Algoso, members of the Talisay City Council and the Provincial Board as respondents.

The couple is asking the court to declare the order null and void. They are likewise seeking for a declaratory relief from the court, preliminary injunction, and temporary restraining order.

The complaints are demanding P900,000 actual, moral, and exemplary damages and litigation expenses. The amount does not include the P5,000 fee of the lawyer per court appearance.

According to the couple, they have been operating the trade center in Tabunok since 2005. The center is being leased out to various business establishments. However, when the city government transferred the vendors from the Tabunok Public Market to the new market in Barangay Lagtang they have allegedly become a subject of harassment by the city officials.

The couple admitted that some of the vendors from Tabunok market have transferred to their commercial complex.

“Due to the refusal of many vendors to relocate to the new Talisay Public Market and migrated to Nacario Trade Center this became the object of defendant’s oppressive and rigid imposition of government power disguised in the name of exercise of regulatory authority,” the complaint reads.

The spouses said Fernandez through Algoso issued the cease and desist order against their business establishment.

The order was allegedly illegal because there was no prior notice and they were not given the chance to defend. – (FREEMAN)