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[av_heading heading=’ Muelle relocatees withdraw case vs city hall ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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Friday, September 8, 2017
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ILOILO City – Residents of Ortiz Street along Muelle Loney, City Proper withdrew their petition for a preliminary injunction filed against the city government represented by Mayor Jed Patrick Mabilog and Task Force Asis chairman Roberto Dumanil in a hearing held Sept. 4 at Regional Trial Court (RTC) Branch 3.
“The plaintiffs voluntarily withdrew their application for preliminary injunction against the City Government. Meaning to say, they admit that there was no basis for their plea,” said Galvez.
To recall, Arturo Deala, et al., filed a case for forcible entry with prayer for three-day temporary restraining order, 20 days temporary restraining order and preliminary injunction following the demolition at the Muelle Loney to pave way for the construction of New Freedom Grandstand.
Previously, Enriquez Trespeces, executive judge and presiding judge of RTC-6, Branch 10, also denied the application of Deala and et al., for issuance ex parte of a three-day temporary restraining order for the lack of basis.
“Since the plaintiffs already withdrew their application for preliminary injunction, the court proceeded in defining the merit of the whole case or defining the real issue. So the issue defined is whether or not there was a prior actual physical position made by Deala or whether or not they have a cause of action for forcible entry,” explained Galvez.
The court has given the plaintiffs and the city government within 10 days from receipt of order to submit their position paper on the issue.
“After the court received the position paper, it will decide on the whole case on forcible entry. There will be no hearing anymore but we will just wait for the decision. On the part of the city government, we are confident that we have the basis in conducting the demolition and it is lawful,” Galvez clarified.
Meanwhile, Galvez said other settlers have voluntarily vacated the area.
“We will clean the area and our engineers will conduct a ground flatting to finalize the construction of New Freedom Grandstand,” said Galvez./PN
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