Legal war over Kawasan starts

CEBU, Philippines - One of the owners of the illegal structures built near the Kawasan Falls filed an injunction case against the Province of Cebu, represented by Gov. Gwendolyn Garcia, before the Regional Trial Court Civil Division yesterday.

Provincial lawyer Marino Martinquilla said Willy Saldua first filed the case before the RTC Branch 60 in the Municipality of Barili last week, shortly after Garcia ordered the demolition of the structures in Kawasan last April 16.

However, Martinquilla said the hearing was cancelled as Judge Leopoldo Cañete will resume office in May 15 yet because of his wife’s death.

Martinquilla said the TRO will be considered “moot and academic” since the demolition is almost done. He said they received copy of the motion last Friday and were required to reply within 15 days. Saldua is also demanding for payment of property damages.

Martinquilla said they will also file criminal case against Saldua for the obstruction of waterways and a separate case for obstruction of water easement area.He said they will file the case before the provincial prosecutor’s office within the week.

Provincial Engineer Adolfo Quiroga, on the other hand, said they have demolished at least three restaurants built near the falls, two of which were owned by Saldua. He said Kawasan Falls is still closed to tourists as they are still trying to get rid of the ripraps blocking the riverflow.

Quiroga said the Provincial Engineering Department will finish the work by Friday, afterwhich, the governor will decide if the province’s top tourist destination shall already be opened to the public.

The rest of the illegal structures built on the upper levels of the falls, Quiroga said, will be spared for the meantime.

The Provincial Engineering Department sent around ten engineers and equipment to carry out the demolition.- (FREEMAN)