CEBU, Philippines - Regional Trial Court Judge Ma. Lynna Adviento dismissed the civil case filed by Crispin Calesterio and other informal settlers of the CitiCenter Commercial Complex in Barangay Kamagayan against the City of Cebu.
In her three-page order, Adviento granted the motions filed by the parties particularly the motion to withdraw case by the plaintiffs and motion to dismiss case filed by the defendants.
“The court grants both motions and case is dismissed with prejudice,†the decision reads.
Named defendants were City of Cebu represented by Mayor Michael Rama and City Administrator Atty. Joe Marie Poblete.
Earlier, the plaintiffs filed an injunction with application for a temporary restraining order (TRO) and a writ of preliminary inhibitory injunction against the defendants before the court.
In their complaint, they asked the court to stop Rama from evicting them without giving relocation sites. The City of Cebu, through Poblete, issued a notice of eviction against the settlers and directed them to vacate within 72 hours.
The plaintiffs started living in the CitiCenter way back in 2000 when it was still operational. They said the former owner of CitiCenter allowed them to stay in the complex as they were paying their monthly rentals.
Reportedly, the CitiCenter was forfeited in favor of the government sometime in 2004 after the previous owner failed to pay taxes.
The defendants however, filed a motion to dismiss citing “technical and substantial grounds.â€
“The case is dismissible being an improper class suit as plaintiffs are not real parties in interest, thus they have no legal standing to sue,†the motion reads.
The defendants added that the plaintiffs failed to state a cause of action.
Adviento, in her decision, said the court notes that while the notice of eviction was issued on October 22, 2012 and the filing of the herein case, the city’s Prevention, restoration, Order, Beautification and Enhancement (PROBE) division did not conduct a clearing operation.
In their motion to withdraw, the plaintiffs admitted that they are not the owners of the property and that the City of Cebu did not give them consent to occupy the same.
With the issuance of a City Ordinance No. 2351 passed by the Sangguniang Panlungsod to suspend the demotion of CitiCenter Complex, the plaintiffs said this prompted them to withdraw the case.
Adviento said with the foregoing statements the issue in the case has become moot and academic. (FREEMAN)