Court issues injunctionvs Kawasan demolition

CEBU, Philippines - Regional Trial Court Judge Leopoldo Cañete of Branch 60 issued an injunction against Cebu Governor Gwendolyn Garcia and others to restrain them from making further action at the Kawasan Falls.

For Garcia, the court issuance of injunction in the demolition of illegal structures is not yet the end of the case.

“There’s an injunction against the immediate destruction but that is not yet the end of the case,” Garcia said.

In his two-page order, Cañete however emphasized that the injunction can be changed depending on the evidence that the parties will present during the trial on the merits of the civil case.

“The court believes that the legal controversy or issues involved can only be resolved in a trial on the merits where the parties are given complete opportunity to present their case and adduce evidence,” the order reads.

Cañete added that upon evaluation of the petition filed by couple Wilhelmino and Emma Saldua, he found out that there was a reason to issue the application for the issuance of the preliminary prohibitory injunction.

“Wherefore, all the foregoing consideration taken into account, the court hereby grants petitioners’ application for preliminary prohibitory injunction and hereby orders the respondents and all their agents and everyone acting on their behalf to maintain status quo during the pendency of the proceedings,” the order further reads.

Cañete likewise restrained the respondents from making further demolition and other related activities of the petitioner’s remaining properties near the Kawasan Falls.

Cañete directed petitioners to put up P50,000 bond.

The case filed was declaratory relief, prohibitory and mandatory injunctions, damages and attorney’s fees, with prayer for issuance of TRO and preliminary prohibitory injunction.

The couple said that the actuation of the respondent was illegal and inhuman. “The executive order of respondent speaks of the general welfare of the people, but disregard totally the welfare of so many people, who had made source of livelihood the business put up by petitioners in the area,” they said.

The couple added that there was no due process in the destruction of their structures. Cañete said that with the foregoing facts, it was found out that the petitioners have a license to operate.

“For having complied and satisfied all the statutory requirements before engaging into business, the petitioners can even be considered as law-abiding citizens. And as it appears, it is from this business that the petitioners earn their livelihood as their only source of income,” order reads.

“Granting arguendo that the subject establishments of the petitioners situated in the area are illegal structures, definitely, this fact will not operate as valid license for the respondents to place the law into their own hands,” order further reads.

At the Capitol, Garcia said that the Provincial Government continues to stand by its assertion as supported by the Department of Environment and Natural Resources that certain easement zones must be observed.

Garcia said she will talk to the owners on how to deal with the structures along the riverbanks that are subjected to the injunction. The Provincial Government was already able to restore the waterways after some structures were demolished.

Garcia wants to preserve the natural beauty of Kawasan Falls and make it as a sustainable prime ecotourism destination by making sure that tourism will not destroy or disturb its surrounding fragile ecology and environment.

This prompted her to create the technical working group composed of several committees with representatives from various sectors. The TWG crafted the eco-tourism development plan and the plan to transfer the structures away from the riverbanks.

Existing structures in the Kawasan Falls area reportedly violated Presidential Decree 1067 or Water Code of the Philippines mandating that structures should be away from 20-meter restricted zone for waterways.

The DENR supported the move of the Provincial Government on clearing the Kawasan Falls area. The Matutinao River was once proclaimed the country’s cleanest inland body of water. - THE FREEMAN