UP brings lot dispute case to Supreme Court

THE University of the Philippines Cebu has now taken its grievance on the dismissal of their injunction case against Cebu City Hall officials for the re-blocking on the Sitio Avocado, Lahug fire site to the Supreme Court of the Philippines.

The state university filed a petition for certiorari before the Supreme Court Monday afternoon seeking the reversal of the decision of Judge Ricky Jones Macabaya of Regional Trial Court – 7 Branch 5 to dismiss the university’s injunction case.

“When UP Cebu sought succor from the (regional) trial court, it flagellated UP Cebu with technicalities. As such, the invasion of UP’s titled properties by squatters continues to this day,” the draft copy of the petition reads.

UP Cebu’s case was dismissed by Macabaya on the grounds that UP Cebu Dean Liza Corro does not have authority to sue in behalf of the UP System.

The petition, otherwise claims, that UP Cebu Dean Corro has been authorized with chancellor powers, giving her the authority to sue in behalf of the UP System.

It cites the minutes of the 1151st meeting of the Board of Regents that allows representation of the UP System through the respective chancellors of each constituent university.

Now, the university is waiting to be issued with immediate relief in order to stop any activity on the site while the case is pending.

“It is respectfully prayed that upon filing of this petition, a TRO or writ of preliminary injunction be issued, restraining or enjoining the City of Cebu, its employees, agents and all persons claiming authority from them, from entering and or/staying on the premises of the subject lot and to cease and desist from any and all re-blocking activities in the area,” the draft petition reads.

It further emphasized that re-blocking also includes the creation of roads, the installation of any water facility, supply of building materials and grant of any building permit to the informal settlers.

In an earlier interview, Associate Solicitor Nielson G. Pangan clarified that because the informal settlers were authorized by City Hall to stay and build on the site, they are covered by the stoppage of any activity on the site.

Only a draft of the petition was released to Cebu Daily News as UP Dean Corro did not want to release a copy of the official petition, pending action coming from the Supreme Court.

UP Cebu legal counsel Rene Abcede confirmed that the draft is substantially the same with the copy filed at the Supreme Court.