Railway squatters get 60-day TRO but judge won’t honor it
ROXAS CITY – The Court of Appeals yesterday granted a Temporary Restraining Order (TRO) to the 139 squatters on the defunct Panay Railways property preventing the provincial sheriff from implementing the demolition order for 60 days.
However, lawyer Myra Yngcong who represents the squatters told The News Today (TNT) that Regional Trial Court (RTC) Judge Juliana Azarraga would not honor the said TRO since copy of it was secured only through fax and the original copy is expected to be acquired next week.
In a 3-page fax copy of a resolution from the CA in Cebu City dated October 28, the respondents are directed to show cause why a Writ of Preliminary Injunction should not be granted and to file their comments to the petition, both within ten days upon receipt.
Reportedly, tension in the area erupted anew yesterday after Azarraga refused to honor the said fax machine copy of the TRO as several owners prepared for another round of clashes with demolition team.
Sheriff Talabucon said that anytime from now he will implement the demolition upon the order of the court.
Last Monday tension gripped Barangay IX here after the provincial sheriff tried to execute the demolition of 155 houses standing on Lot No. 145-A and 1839-pt.
Subject families refused to vacate the area by blocking one Elf truck and forming human barricade prompting Talabucon to defer the demolition to avoid bloodshed.
Yngcong, counsel of the squatters, cited RA 7279, Section C, sub-paragraph A, notice upon the effected person at least 30 days prior to the date of eviction or demolition which according to her, the court failed to do so.
She added that the squatters has a pending petition at the Court of Appeals for certiorari with application for restraining order.
“They are in a hurry to demolish my clients, so that the said petition will become moot and academic,” Yngcong told TNT.
On the other hand, City Councilor Dennis Altobano, designated OIC city mayor, said that the city government is still negotiating the lots at the Rolling Hills in Lawaan as the relocation site of the informal settlers who will be displaced during the demolition.
Last August 28, Regional Trial Court (RTC) Judge Juliana C. Azarraga of Branch 15 issued a writ of demolition against the informal settlers after the 72-hour Temporary Restraining Order (TRO) lapsed.
The 155 informal settlers are facing ejection from the lot of the defunct Panay Railways Inc. (PRI) located at the Brgy IX.
The properties that have two portions, a 7,652 and 8,381-square meter lots 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 become 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 the 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.
