Court denies TRO extension for Panay Railways squatters
ROXAS CITY – Regional Trial Court (RTC) Branch 15 has denied the petition filed by the defunct Panay Railways, Inc (PRI) squatters asking for 20 days Temporary Restraining Order (TRO) to stop the provincial sheriff from implementing their ejection.
In a 3-page resolution penned down by RTC Judge Juliana Azarraga it was ruled that the plaintiff failed to establish evidences that they have their rights over the lots where their houses situated which are subject for demolition.
Earlier, Lawyer Ferdinand Y. Samillano told The News Today (TNT) that said TRO was granted by the court for 72 hours. The said TRO is to restraint Provincial Sheriff Blas C. Nolasco, Jr. to execute the writ/possession of the order of ejectment.
The said squatters were given 15 days by the owner Mr. Edmund Sia to vacate the area for humanitarian reasons and it lapsed last week.
Nolasco Jr. has ordered PRI squatters, their agents and all persons claiming rights to the two properties in Brgy. IX to immediately vacate within three working days.
The case is docketed as civil case No. V-7075, Edmund Sia vs. Abelardo Cargando, Roxas City Treasurer, the Hon. City Mayor Juliano Alba, the Hon. Members of the Sangguniang Panlungsod of Roxas City, the Roxas City government and Panay Railways Incorporated, as respondents.
The properties that have two portions, a 7,652 and 8,381-square meter lots which located at Brgy. IX were adjudicated to Engr. Edmund Sia by virtue of a court decision dated March 21, 2001 and affirmed in toto by the 19th Division of the Court of Appeals in Cebu City on November 16, 2006.
Likewise, the petition for review filed by PRI with the Supreme Court was denied on February, 19, 2007 and became final and executory on October 23, 2007.
Regional Trial Court Judge Juliana Azarraga of Branch 15, issued an Order dated June 10, PRI was divested of its title over the lots in question and the building standing thereon after the respondent treasurer of Roxas City failed to issue a final bill of sale in favor of the petitioner.
In 1990s, the properties were subjected for auction sale by the city government under the administration of the late Mayor Juliano Alba because the PRI failed to pay its real property taxes.
However, Alba nullified the said public bidding after feeling that the said auction sale was disadvantageous to the government prompting Sia to bring the case to court.