Capitol has 5 days to answer OPRRA case

CEBU, Philippines - The Regional Trial Court has given the Province of Cebu and its co-defendants five days to answer the civil case filed by the residents of the Old Philippine Railway Residents Association (OPRRA) Inc.

RTC Branch 6 Judge Alexander Acosta gave the respondents five days to submit their respective memoranda before the petition for temporary restraining order will be submitted for resolution.

Provincial attorney Marino Martinquilla, one of the Capitol officials named respondents in the case, said that after their submission of the Capitol’s memorandum the application for TRO will be deemed submitted for resolution.

The other respondents are Governor Gwendolyn Garcia, Provincial Board, and the officials of the Actual Occupants and Residents of OPRRA Kalunasan (Aorok) Inc. represented by Jack Rallos.

OPRRA Inc. president Carlitos Ceniza earlier filed a case for recall of termination of sales agreement with OPRRA Inc., annulment of memorandum of agreement with AOROK Inc., attorney’s fees, damages with prayer for TRO.

The complainant claimed that Garcia refused to continue signing the remaining deeds of absolute sale in favor of OPRRA because the AOROK offered to buy the lot in a fair market value.

The complainant said that since 1967 they have been occupying the 11 parcels of land owned by the Capitol in Kalunasan. They claimed that their possession of the lots was based on the sales agreement entered into by their former president Francisco Pintor with the provincial government.

On June 7, 2005 the governor started signing the deeds of absolute sale  in favor of the members of Oprra Inc.

 The governor has signed a total of 143 deeds of absolute sale until December 2010.

However, when OPRRA Inc. officials met with Garcia to ask for the signing of the remaining deeds of absolute sale the governor did not anymore sign it.

It was because another residents’ organization offered to buy the lot in a fair market value.

The AOROK offered to buy the lot occupied by each of its member at P3,273.33 per square meter.

The OPRRA only offered to buy the lot at P10 per square meter because of the sales agreement that the organization has previously entered into with the Capitol.

The complainant asked the court to nullify the memorandum of agreement between the Province of Cebu and AOROK and to recall the order of termination of sales agreement between them and the Province of Cebu.

The group also asked for P50,000 for moral damages; P40,000 exemplary damages; P40,000 attorney’s fee and the litigation cost. (FREEMAN)