TRO against Carbon Market JVA denied

By: Delta Derycka C. Letigio - 3 years ago

An artist’s rendition of the modernized Carbon Market

CEBU CITY, Philippines — A Cebu City Court has dismissed a petition for a Temporary Restraining Order (TRO) against the Joint Venture Agreement (JVA) between the Cebu City government and Megawide Construction Corp, for the modernization of the Carbon Market.

Presiding Judge Soliver Peras of the Regional Trial Court Branch 7, denied the TRO because the complainants, the Carbon Alliance of vendors, failed to substantiate their cause of action and that there is no grave and irreparable injuries to be prevented.

READ: Carbon Alliance files TRO against Carbon Market Modernization project

In his order, the judge explained that the Carbon Alliance vendors do not have a cause of action which constitutes three elements: a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; an obligation on the part of the named defendant to respect or not to violate such right; and act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.

The judge ruled that the complainants do not possess the right that needs to be protected from the questioned JVA.

“From the foregoing, the Court is of the opinion that there is doubt on the veracity of the Secretary’s Certificates attached in the complaint. The Secretary’s Certificates attached are defective and do not have the legal effect of granting authority in favor of the plaintiffs to represent the real parties in interest.”

“Moreover, there is the absence of all the elements of a cause of action. As earlier discussed, the plaintiffs do not possess a right that needs to be protected against the questioned JVA as their authority to represent the real parties in interest is in a quandary,” said Peras.

The judge also said there is no grave and irreparable injuries to be prevented as the court is not convinced of the claims of the complainants on the loss of livelihood and mental being, owing to the fact that their authority to represent all vendors and others of the Carbon Market has come into question.

“This Court hereby Resolves to Deny the Motion for Issuance of Temporary Restraining Order for failure to substantiate their cause of action,” said the court.

With the TRO is being denied, the provisions of the JVA will continue to be implemented by the agreeing party in this case, the Cebu City government and Megawide Construction Corp.

CDN Digital has sought the comment of Carbon Alliance on the denial of the TRO, but the group has yet to respond as of the time of writing.

Mayor Michael Rama, who is among the individuals filed with the case to nullify the Carbon Market JVA welcomed the development of the case.

“Now the Court of Justice has spoken, therefore, this will be a message for the project to proceed. I am thankful that Megawide is also sensitive to my concerns and I will not stop addressing these concerns,” said the mayor.

Megawide spokesperson, Anna Salgado, said in a text message to the media that they also welcome the development as they continue their commitment to the progress of modernizing the Carbon Market.

“Megawide has not yet received any official documents from the court on this matter. Nevertheless, we welcome this development and remain committed to ensuring we meet project milestones on time, for the benefit of vendors and the community. This project is vital to helping stakeholders recover from Typhoon Odette and the COVID health crisis.”

“We continue to assure our stakeholders and the public that rates will remain the same as current market rates, if not more affordable. All registered vendors, as listed by the City Government of Cebu, will also be accommodated. Consultations are continuing for vendors, karumateros, and nearby communities. We are also preparing for the opening of the Interim Market Building (previously known as Unit 2) later this month,” said Salgado. /rcg