City can’t remove Calvary cell sites yet
THE city cannot proceed with the deactivation of the two cell sites in Sitio Calvary Hills after Globe Telecommunications secured a 72-hour temporary restraining order (TRO) while the court issued a status quo order in favor of Sun Cellular yesterday.
With the TRO, the city still cannot remove the Globe cell site, which was padlocked and cordoned by City Hall’s Prevention Restoration Order Beautification Enhancement (Probe) team last Thursday.
The TRO was issued by Regional Trial Court (RTC) Executive Judge Soliver Peras yesterday. It was directed to the Office of the Apas Barangay Chairman and the Calvary Hills Apas Residents’ Organization (CHARO).
On the other hand, Judge Estela Alma Singco of the Regional Trial Court Branch 12 yesterday issued a “status quo” order while asking for time to resolve the procedural issue raised by the Cebu city government within 20 days.
Cebu City legal officers Jude Maratas and Bernard Inocentes Garcia questioned the court’s jurisdiction over the matter since Digitel Mobile Philippines Inc., which operates Sun Cellular, did not follow the right procedure in filing the case.
When the Cebu City Council revoked the Special Use Permit of Sun Cellular last year, they said the telecommunications company should have contested the ruling before the trial court within 60 days after the denial of its motion for reconsideration.
Judge Singco gave the parties five days to submit their respective memoranda on the city’s claim.
Until the court resolves the matter, Maratas and Garcia assured the court that the city won’t remove Sun Cellular’s tower.
Singco yesterday heard the case to determine whether or not there is a need to extend the 72-hour temporary restraining order (TRO) issued by Executive Judge Soliver Peras against the Cebu City government, stopping the removal of Sun Cellular’s tower in Barangay Apas.
Sun Cellular, through its lawyers Eduardo Felipe and Diosadado Trillana, on Tuesday sought the court’s intervention after the city government issued separate closure orders against Sun Cellular and Globe Telecom for their cell sites in the area.
The City Council had earlier revoked the special permits issued to the two companies.
Several residents in the place have been seeking the removal of the two towers.
They blame the radiation from the facility as the cause of cancer-related cases and deaths in the area.
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