CEBU, Philippines - The court has stopped the Cebu City government from demolishing the stores of at least 22 vendors at Pier 3 along Arellano Boulevard corner V. Sotto Drive in Barangay Tinago.
Regional Trial Court Branch 10 Judge Soliver Peras granted the 72-hour Temporary Restraining Order dated October 23, 2015 sought by the Port Area Street Traders Association (PASTA).
On October 22, PASTA led by Jed Jumawan filed a case for injunction with issuance of a TRO and a writ of preliminary injunction after they received the 72-hour notice sent by the Prevention Restoration Order Beautification Enhancement (PROBE) Team of Cebu City.
PROBE even deployed heavy equipment to the area to demolish the structures and clear the area.
“Due to the information, the situation of plaintiffs has become so dire and extreme that without the Temporary Restraining Order (TRO), their stalls will be demolished and the litigation which case would be mooted as there is no more acts of defendants to be enjoined,” Peras’ order reads.
The vendors used to do business along V. Sotto Drive near the entrance of Pier 3.
Sometime in 2008, the Cebu Ports Authority obtained permission and approval from the City of Cebu to clear the sidewalk at the vicinity of V. Sotto Drive near Pier 3 of vendors.
Pursuant thereto, Barangay Tinago requested then mayor Tomas Osmeña to approve the relocation area situated at Arellano Boulevard corner V. Sotto Drive.
Earlier in 2009, PASTA and Barangay Tinago entered into a memorandum of agreement for the use and administration of the relocation site that Osmeña approved.
With the agreement and due to the absence of funds from the barangay, PASTA invested in the building of the structures along Arellano Boulevard corner V. Sotto Drive. — (FREEMAN)