Funeral parlor operator lodges civil case versus village chief

CEBU, Philippines – Fonus Cebu, a federation of cooperatives, has filed a civil case for mandamus before the court against the barangay captain of Alang-alang, Mandaue City.

Through lawyers Ryan Gabuya and Jon Singco, Fonus asked the court to order barangay captain Myleen Sanchez to immediately facilitate, schedule and conduct public hearing of their request for Barangay Endorsement for the continuation of their building.

“Fonus has complied with all necessary requirements for the calling of a public hearing. Fonus has exerted and shown, based on the evidence presented, that it observed the utmost good faith in following the legal steps and procedures in its plan to construct and operate a funeral parlor only to be stalled and delayed because the Honorable Myleen Sanchez refuses to call the required public hearing,” the complaint read.

Fonus is engaged in the business of operating funeral parlor.

Fonus, represented by its manager Alan Noel Avenido, alleged that it purchased a parcel of land covered by Transfer Certificate of Title 111-2013000088, with 571 square meters located in Barangay Ibabao-Estancia, Mandaue City.

Avenido alleged they complied with the requirements before the Barangay Ibabao-Estancia and from the Office of Mandaue City Planning and Development Office. They likewise applied and secured electrical permit from the Office of the Building Official of Mandaue City.

However, he said, when the building was almost 60 percent complete, the City Council of Mandaue City issued a resolution stopping the construction of the building.

The resolution cited the property where the funeral parlor was being constructed was situated in Barangay Alang-Alang and not in Barangay Ibabao-Estancia.

Avenido said they again went through the same process of application they underwent in Barangay Ibabao-Estancia. He added their application was accepted by Barangay Alang-Alang.

The barangay set a public hearing for their application on January 31, 2015 but it was postponed.

Avenido then alleged sometime in April, he went to the barangay to follow up on their scheduled public hearing, but the barangay secretary informed him that Sanchez allegedly “strongly advised that she will no longer entertain any request from Fonus.”

He added that they wrote to Sanchez asking her legal basis in refusing to entertain and issue the endorsement to Fonus.

Thus, Avenido said they are seeking for the court’s intervention to order Sanchez to facilitate, schedule and conduct the necessary public hearing and to immediately issue the endorsement, allowing them to continue construction of their building because it caused “great monetary loss” on their part.

Fonus asked defendant to pay them P200,000 for  moral damages; P500,000 for actual damages; P200,000 for exemplary damages and P100,000 for attorney’s fees, litigation expenses and appearance fees.

Sanchez is set to answer the complaint filed against her. (FREEMAN)