Fire victims in Sitio Avocado in Barangay Lahug may continue to stay in the area which is being claimed by the University of the Philippines (UP) Cebu.
The Municipal Trial Court in Cities (MTCC) has denied UP’s request for a writ of preliminary mandatory injunction against the settlers that have started rebuilding in the area.
In her joint order, MTCC Branch 4 Presiding Judge Jenelyn Forrosuelo said the court is not convinced that the act of the settlers to rebuild their homes using light materials in the lot would cause grave and irreparable injury to the school.
“The damage plaintiff is claiming to suffer is not one of unquantifiable character. 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 order read.
UP Cebu officials want the settlers to be removed from the area since they plan to use it to construct a UP Cebu High School Building. The school also fears that once the settlers are able to rebuild their homes, the school can’t remove them anymore without lengthy judicial processes.
Forrosuelo also pointed out that although UP Cebu is claiming ownership of the lot, they didn’t initiate legal proceedings before the fire happened in December 26, 2015.
“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.