NOTE: THIS STORY WAS FIRST PUBLISHED IN THE BOHOL CHRONICLE’S SUNDAY PRINT EDITION.
The Regional Trial Court of Bohol Branch 47 issued a 20-day Temporary Restraining Order (TRO) against the Municipality of Balilihan, Mayor Pureza Chatto, Engr. John Paul T. Gascon Aquaterra Kenstruct Inc/JA Achacoso Enterprises and General Services (Joint Venture) and several John and Jane Do in the case of the illegal use of the real estate properties filed by the Metropolitan Real Estate (interests)-the Plaintiff, in the towns of Sevilla and Balilihan.
BACKGROUND
On May 24, 2024, men escorted by other men brandishing long firearms, allegedly entered the real estate premises of the Plaintiff in Sevilla (lots No. 3534, 3535 and 3533) and Balilihan (No. 23225) and reportedly installed pipes and pumps for Balilihan’s water project without permission from the landowners. Purportedly, the project was to extract water from the Bugwak Spring waters on the side of Sevilla.
It was alleged that the project had no permits from the DENR and the Regional Office of the DOH with a “Notice to Proceed” under the Amended Sanitation Code of the Philippines. Since the Plaintiff incurs “irreparable damage and injustice” resulting therefrom, they petitioned the Court for a TRO and Writ of Preliminary Injunction.
ARGUMENTS FOR AND AGAINST
It was alleged that there would be a cost to remove the illegal structures implanted in the properties and prevent the plaintiff from developing the property for its usage aside from the anguish generated through the intimidation by armed men.
In the hearings, the defendants argued that the project items were erected outside the properties mentioned by Plaintiff and that the cost of removing them could be mathematically computed, granting they were inside the said properties. Also, the Court purportedly has no jurisdiction to issue the Writ of Injunction and TRO since the project in question is a government project that only the Supreme Court can legally act upon.
The Court said the 20-day TRO was to have time to study the merits of issuing a Writ of Preliminary Injunction. It also pointed out that the defendants themselves had mentioned that the structures were outside the properties mentioned by the Plaintiff.
COURT DECISION
The Bohol Regional Trial Court Branch 47 said it was not encroaching on the authority of the Supreme Court on matters of government projects, but rather that the TRO was meant to avert potential violence between the competing parties.
Cited was Section 5 which states “If it shall appear from facts shown by affidavits or by the verified application that great and irreparable injury would result to the applicant before the matter can be heard or notice, the court to which the application for preliminary injunction was made, may issue a restraining order to be effected for 20 days from service on the ex parte or person sought to be enjoined.”
The TRO enjoined the defendants not to enter the parcels of land claimed by the Plaintiff- that are not included in the subject government project -pending the hearing on the merits of whether a Preliminary Injunction should be issued. “This TRO is effective only for twenty (20) days from receipt of this Order by the defendants”, the Court said.