CEBU, Philippines - The residents of Barangay Lahug, Cebu City who survived a fire December last year may continue rebuilding their houses in Sitio Avocado.
This after the Municipal Trial Court in Cities denied the petition for a writ of preliminary mandatory injunction filed by the University of the Philippines – Cebu to stop the residents from rebuilding their homes.
MTCC Judge Jenelyn Forrosuelo said UP Cebu failed to prove that it will suffer irreparable damage if the residents will be allowed to rebuild their houses at the site.
“Yes, continue ang construction. Affirmation sad na sa policy sa city nga ang sunog should not be used as a reason to evict the residents,” said Atty. Floro Casas, Jr., the lawyer assisting the residents.
In her order, Forrosuelo said, “Here, there is no irreparable injury as understood in law. Rather, the damages alleged by the petitioner namely, immense loss in profit and possible damage claims from clients and cost of the billboard which is a considerable about of money is easily quantifiable and certainly does not fall within the concept of irreparable damage or injury,” Forrosuelo said.
Citing jurisprudence, Forrosuelo said it is a settled rule that a writ of preliminary injunction should be issued only to prevent grave and irreparable injury or injury that is actual, substantial and demonstrable.
UP Cebu Dean, Atty. Liza Corro, said possessing the property is of “extreme urgency” on the part of the university, but Forrosuelo said UP Cebu “failed to convince the court to rule in its favor.”
“Plaintiff (UP Cebu) must prove that the violation sought to be prevented would cause an irreparable injustice. Failure to establish irreparable injury of plaintiff would suffer, no preliminary mandatory injunction should be issued,” the order reads.
Forrosuelo said the residents have been rebuilding their houses using light materials and that the “damage” claimed by UP Cebu is not one of “unquantifiable character.”
She said the provisional remedy of preliminary injunction may only be “resorted to when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard of compensation.”
“The fear of plaintiff that once defendants have successfully reconstructed their improvements, plaintiff will have no way of removing them without resorting to lengthy judicial processes and not without the risk to the life and limbs of its officials does not justify the issuance of an injunctive relief under extreme urgency,” the order reads.
She said UP Cebu is claiming ownership over the subject property but did not institute any action to assert said claim prior to the fire that destroyed the residents’ houses on December 26, 2016.
“Had it not been for the fire that broke out in the subject property, plaintiff would not exercise and assert their right over the same,” she added.
Forrosuelo also denied the motion to dismiss filed by the residents for lack of merit. (FREEMAN)