Engineer swears: Fence in I.T. Park

CEBU, Philippines - To support its appeal for a preliminary injunction to stop the destruction of its perimeter fence at the Cebu I.T. Park, the Cebu Property Ventures Development Corporation presented yesterday a Manila-based engineer.

Jonas Arjona of Makati Development Corporation told the court that was him who surveyed the fence built along W. Geonzon Street and that he is sure it is within the I.T. Park, which is owned by CPVDC, in Barangay Apas, Cebu City.

The CPVDC and Asiatown IT Park Association Inc.  has earlier filed a civil case for injunction before the court to stop Filinvest Land Inc., engineer Allan Alfon, Megawide Construction Corporation, engineer Nazareno Abalos, and the City of Cebu from demolishing the fence, which separates their property from the adjacent FLI Cebu Cyberzone Project.

In their complaint, CPVDC and AITPAI said the fence cannot be declared as a “public nuisance” and that they have clear legal rights to protect their property.

“Plaintiffs CPVDC and AIPAI have clear legal rights to be protected against the illegal acts of defendants FLI, MCC and (of) the City calculated to take down or topple down subject CPVDC perimeter fence,” they said.

CPVDC and AITPAI said demolishing their fence is a clear violation of their constitutional and fundamental property rights, arguing that the fence is situated in a private lot.

Lawyer Mary Rose Salvatierra of the City Legal Office said the civil case CPVDC and AITPAI filed was premature as there was really no threat of demolition.

She, however, declined to divulge further details as there will be a continuation of the hearing at 2 p.m. today.

In their complaint, CPVDC and AITPAI asked that they be paid P902,982.21 for actual damages; P5 million for moral damages for FLI, MCC and the City of Cebu; and P10 million also for moral damages but for FLI, MCC, Alfon, Abalos and the City Government; and P100,000 in attorney’s fees.

Regional Trial Court Branch 10 Judge Soliver Peras earlier issued a 20-day temporary restraining order against the defendants for them to shun from touching the fence. — (FREEMAN)