City legal officer to represent Talisay council in civil case

CEBU, Philippines - The Talisay City council has authorized city legal officer Owen Algoso to represent the city government in the civil case filed against Mayor Socrates Fernandez and several other officials for closing down a commercial establishment that caters to former occupants of the old Talisay City public market.

Dr. Jesus Nacario and his wife Nieves asked the Regional Trial Court in Cebu City to issue a temporary restraining order (TRO) to stop city officials from enforcing a cease-and-desist order issued against them.

The couple owns Nacario Trade Center, a commercial establishment near the old market where some of the market’s former occupants rented space to go on with their business. 

Vice Mayor Alan Bucao, the council presiding officer, said it would be prudent and practical to appoint and constitute an attorney-in-fact who will represent the members of the council during the trial, pre-trial, and mediation proceedings in order to spare the members of the council from the hassles and inconvenience of attending the proceedings of the case. The council is one of the defendants in the civil case for the declaration of nullity of cease and desist order. 

In last Tuesday’s session, the city council also authorized the city legal officer and has full power to arrange or agree to an amicable settlement of the case in so far as it would be applicable. 

Also, the attorney-in-fact has the full power and authority to do and perform any and every act and thing whatsoever requisite, necessary and proper to be done in and about the premises of the case. 

The couple asked the court to issue a writ of preliminary injunction to prohibit the respondents from closing their business pending the resolution of the case. They also asked for P300,000 in damages and P600,000 as litigation expenses and attorney’s fees.

Nacario said their “commercial leasing business” has been operating since 2005.

They said they complied with all conditions of their permits and license, and pay property taxes.

The couple said their business became the object of the officials’ “oppressive and rigid imposition of power” due to the refusal of many vendors to relocate to the new Talisay Public Market. (FREEMAN)