Court Restrains Cebu City Gov’t from Destroying Fence in Geonzon St.

The controversial concrete fence along W. Geonzon Street at Barangay Apas would stay until the issue would be resolved by the court within 20 days period.

Regional Trial Court Executive Judge Soliver Peras has directed the Cebu City government to refrain from destroying the concrete fence along W. Geonzon Street, right at the place used to be the location of the Bagong Buhay Rehabilitation Center (BBRC).

Peras has granted the request of Cebu Property Ventures and Development Corporation (CPVDC) President Francis Monera for a temporary restraining order (TRO) on the plan of the city government to destroy the fence.

According to Peras, “Evaluating after an assiduous examination of the complaint filed by the plaintiffs’ counsel, this Court is of the considered opinion that they would suffer grave and irreparable damage if the action of the defendants would not be enjoined and moreover, there is a need to determine the issues raised by the plaintiffs, otherwise the same would be rendered a naught if no TRO would be issued against the defendants.”

Monera made the request through a civil case for injunction and damages, which includes as defendants Filinvest Land Incorporated (FLI), the owner of the ongoing Cebu Cyberzone project, as well as its contractor, Megawide Construction.

Monera said he filed the civil case for fear that Mayor Michael Rama would make true his threat to demolish the concrete fence, which separates the CPVDC lots from Cebu Cyberzone, a joint project of the Filinvest Land Inc. and the Province of Cebu right at the two-hectare property, which used to be occupied by the Bagong Buhay Rehabilitation Center (BBRC) and Camp Arcadio Maxilom.

The CPVDC official explained that the case involves a matter of extreme urgency considering that the City of Cebu, through the mayor, had already sent a letter dated October 17, 2014 giving CPVDC 10 days from receipt of said letter to justify the continued existence of its perimeter fence along W. Geonzon Street.

Rama welcomed the move of CPVDC to bring the issue to court, but reiterated that the city’s stand on the matter remains. “Maayo na nga ang issue resolbahon adto sa korte.”

CPVDC has argued that the lot where W. Geonzon Street is located is still part of its property. It said that while the City Council passed a resolution declaring the road as public road, “but in reality, for the exclusive benefit of Filinvest Land Inc. without due process of law and without payment of just compensation.”

“Plaintiffs CPVDC and AIPAI have clear legal rights to be protected against the illegal acts of defendants FLI, MCC and the City calculated to take down or topple down subject CPVDC perimeter fence which are in clear violation of said plaintiffs’ constitutional and fundamental property rights-with plaintiff CPVDC being the private owner of the perimeter fence and the private lot on which it stands,” the complaint reads.

Cebu City government lawyers have declared the fence as nuisance as it restricts access for people coming from the Filinvest and province joint project to W. Geonzon Street.

FLI spokesman Cerwin Eviota described the CPVDC’s move as ‘acted in bad faith’ as it filed the case while the province is negotiating with CPVDC over access of the joint venture project through Geonzon Street.