City maintains fence a nuisance

CEBU, Philippines - While it respects the decision of the court, the Cebu City Legal Office is standing by its legal opinion that the perimeter fence along W. Geonzon Street inside the Cebu I.T. Park in Barangay Apas should be demolished.

Cebu City lawyers had declared that the fence, which demarcates the boundary between the I.T. Park and the lot owned by Filinvest Land Inc., is a nuisance as it restricts access to the street for people from the FLI and Cebu Province joint project.

The Regional Trial Court last Wednesday granted the petition of Cebu Property Ventures and Development Corporation and has issued a 20-day temporary restraining order enjoining City Hall from pushing through with its threat to destroy the concrete fence, which has caused friction between FLI and CVPDC.

“We respect the court on the issuance of TRO. We have the highest regards sa atong judiciary. But as to our position, later on, when we will be given an opportunity to argue before the court, of course we will stand by and ventilate on our position to have it (fence) torn down. We stand by our position because we studied it carefully,” said City Attorney Gerone Castillo.

He confirmed receiving yesterday a copy of the civil case for injunction and damages, which includes other provisional remedy prayers, filed against the city by CPVDC president Francis Monera.

In a two-page decision, RTC Judge Soliver Peras said a TRO has to be issued to prevent CPVDC from suffering “grave and irreparable damage if the actions of defendant City of Cebu will not be enjoined.”

Aside from the TRO, the court also told CPVDC to post a P50,000 bond.  It directed CPVDC to present its witnesses on November 4 and 5; Cebu City, November 6 and 7; and FLI, November 10 and 11. A November 12 hearing was set as the moment for CPVDC to present its rebuttal witnesses.

The civil complaint was filed before the court after the Cebu City government sent last October 17 a letter demanding an explanation, within 10 days, and justification from CPVDC as to why it has not demolished the concrete fence.

CPVDC had argued that the city government would violate its constitutional and fundamental property rights as perimeter fence and lot owner if the city would push through demolishing the property.

Castillo, though, clarified that there is no formal order yet from the city for the fence to be demolished.

“There was just a letter sent by the mayor (for CPVDC) to explain the existence of the fence…reminding that we (City Legal Office) already have a position. I really did not prepare for the clearing order because we have a standard format for clearing order,” he said.

The city attorney, though, said he welcomes the act of CPVDC in going to the court. 

“For me it’s very good because the court can give an interpretation of the law on this issue for its settlement. Labing maayo for all parties concerned,” he said.

Meanwhile, FLI vice president Allan Go Alfon said in a statement “the filing of the case and its recent action to place culverts used as plant boxes along the sidewalk of the disputed road are acts that have also clearly defied and challenged the City of Cebu.”

“The Cebu Provincial Government owns the land, and the building we are constructing will be turned over to the province upon completion, under the BTO agreement. We will defer the matter to them (Capitol) as legal owners of the property and the project,” he said. (FREEMAN)