Court orders Talisay City: Don't close Nacario business complex

CEBU, Philippines - The Regional Trial Court has ordered the Talisay City government not to close the business establishment of a couple who has filed civil case for injunction and damages against the city officials.

RTC Branch 12 Judge Estela Alma Singco ordered Mayor Socrates Fernandez to allow the business establishment of spouses Jesus and Nieves Nacario to continue operation within 20 days from the issuance of the court’s order in November 15.

In her one-page order, Singco said the city government issued a cease and desist order against the couple pending compliance of the necessary permit.

However, the court noted that the couple has complied with all the requirements. Thus, no closure should be done. The court also did not see the need anymore to issue a temporary restraining order against the Talisay City officials.

The Nacario couple earlier filed a civil case for injunction and damages with prayer for the issuance of a TRO against Fernandez, city attorney Owen Algoso and the members of the City Council for allegedly violating their Constitutional Rights when they were issued cease and desist order without prior notice and hearing.

The couple said they own a commercial complex in Tabunok, where some vendors from the public market, who were affected by the demolition, have transferred.

 “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 couple claimed in their complaint.

The couple is demanding over P900,000 in moral, exemplary and actual damages including reimbursement of the filing fee. The court has scheduled on November 24, 25 and 29, 2011 to hear the petition. — (FREEMAN)