Case against developer dismissed

CEBU, Philippines - Due to technical reasons, Regional Trial Court Judge Generosa Labra of Branch 23 dismissed the civil case filed by homeowners of the Corona del Mar Subdivision against an employee of Filinvest Land Inc. over a car sticker policy.

In her decision, Labra said the verification and certification of non-forum shopping showed that the complainant, former Capitol security consultant Byron Garcia, was the only one who executed and signed the said complaint.

“The duty to verify and certify under oath is strictly addressed to all the homeowners of Corona del Mar,” her decision read.

She added the certification and verification of non-forum shopping should have been signed by the homeowners.

Labra cited jurisprudence from the Supreme Court stating that a certification of non-forum shopping requires personal knowledge and the petitioners must show reasonable cause for failure to personally sign the certification.

Meanwhile, the issuance of a temporary restraining order against the policy was likewise denied by the court.

Judge Enriqueta Belarmino of Branch 57 ruled the elements of grave injustice and great or irreparable injury have not been established.

Garcia earlier filed an injunction case against engineer Antonio Lopez over a car sticker policy inside the subdivision in Barangay Pooc, Talisay City. Filinvest Land Inc. is the developer of the subdivision.

In the complaint filed, Garcia asked the court to stop Lopez from implementing the said policy claiming it can cause confusion and it violates their rights to liberty. Garcia added filing the complaint was a way to protect the welfare of the homeowners of Corona Del Mar.

In the said memorandum issued to homeowners, lot owners and tenants of Corona Del Mar, Garcia said homeowners were required to leave an ID in exchange for a car pass if they do not have valid car stickers. — (FREEMAN)