ILOILO City – For lack of merit, the Regional Trial Court (RTC) dismissed the petition for temporary restraining order (TRO) filed by the Association of Stall Owners and Transient Vendors of Iloilo City Public Market, Inc. relative to the redevelopment of Iloilo Central and Terminal markets here.
Presiding Judge Victorino Oliveros Maniba Jr. of RTC Branch 39, in a resolution dated Sept. 8, 2022, ruled that the petitioner as represented by its president, Rex J. Donasco, failed to show any meritorious ground for the issuance of the TRO and/or preliminary injunction in its favor.
“The discussions pertinent to its application for the issuance of a temporary restraining order and/or preliminary injunction does not show an urgent and paramount necessity to avoid injurious consequences to the petitioner in case the injunctive remedy is issued while the merits of the main case are being resolved,” the resolution read.
To note, the petitioner sought for the nullity and declare void Resolution Numbers 2022-615 and 2022-616 issued by the Iloilo city government and the lease agreement relative to the redevelopment of the two public markets.
Specifically, one resolution authorized Mayor Jerry Treñas to enter into and sign a lease agreement with the prospective proponent having the best responsive proposal for the redevelopment of the Iloilo Central Market and Iloilo Terminal Market.
The second resolution approved the tender documents for the lease agreement for the redevelopment of the markets and issuance of the same documents to interested bidders in the market project.
In the ruling, the court stressed the rule that courts should avoid issuing a writ of preliminary injunction which, in effect, would dispose of the main case without trial.
It added that in the concerned case, it is evident that the only ground relied upon for injunction relief is the alleged patent nullity of the ordinance.
“If the court should issue the desired writ, premised on that sole justification therefor of petitioner, it would be a virtual acceptance of his claim that the imposition is patently invalid or, at the very least, that the ordinance is of doubtful validity. There would, in effect, be a prejudgment of the main case and a reversal of the rule on the burden of proof since it would assume the proposition which the petitioner is inceptively duty bound to prove,” the resolution further read.
RULE OF LAW PREVAILED
When reached for comment, Treñas expressed elation on the resolution of the case.
“I am happy that the court denied the petitioners’ prayer for temporary restraining order and/or preliminary injunction. The court ruled that ‘the petitioner failed to show any meritorious ground’ for the issuance of the same,” said Treñas.
He added that the city government is “ready to defend the PPP arrangement with SM Prime since it is transparent and clearly advantageous to the city of Iloilo in the main case.”
“It is time we move forward so that the greater interests of the majority of the Ilonggo consumers and vendors will be protected. The rule of law has prevailed,” he added./PN
