A major property developer can keep its wall intact in Cebu City’s business district, at least in the next 72 hours.
This after Executive Judge Soliver Peras of the Regional Trial Court in Cebu City issued a 72-hour temporary restraining order prohibiting the city government as well as another private firm from destroying the concrete wall of Cebu Property Ventures and Development Corp. (CPVDC) at the Cebu I.T. Park.
“Evaluating after an assiduous examination of the complaint filed by the plaintiffs’ counsel, the court is of the considered opinion that they would suffer grave and irreparable damage if the action of the defendants would not be enjoined,” said Peras in his Oct. 27 order.
But Filinvest Land Inc. (FLI) which wanted the wall demolished cried foul, saying that the Ayala subsidiary acted in “bad faith” in seeking court remedy.
The executive judge deemed it proper to enjoin the city government from destroying the controversial wall while the court will hear the arguments of CPVDC.
“There is a need to determine the issues raised by the plaintiffs, otherwise the same would be rendered at naught if no TRO would be issued against the defendants,” Peras said.
Last Monday, CPVDC and Asiatown I.T. Park Association Inc. filed a petition in court, seeking the issuance of a restraining order and an injunction to stop the City Hall as well as FLI from doing any move to destroy the plaintiff’s concrete wall.
Last month, the City Legal Office issued a legal opinion saying that W. Geonzon Street is a public road and should be accessible to everyone.
The city further said that any physical barrier like CPVDC’s concrete wall should be torn down.
In a statement sent to CDN, FLI Vice President Allan Go Alfon said “CPVDC acted in bad faith as they filed the case while the province is negotiating with CPVDC over access of our joint venture project through Geonzon Street,” Alfon said.
The FLI is undertaking a joint-venture project with the Cebu Provincial Government for a P5-billion Business Process Outsourcing (BPO) complex beside the CPVDC-owned IT Park.
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