CA denies TRO petition vs foreshore owner

CEBU, Philippines - The Court of Appeals denied the petition for certiorari and prohibition with urgent prayer for issuance of a Temporary Restraining Order filed by Coastal Highpoint Ventures Inc. against officials of the Department of Environment and Natural Resources in Central Visayas and Miguela Dignos, owner of four-hectare foreshore area in Barangay Catarman, Liloan.

The decision was handed by Court of Appeals  Associate Justice Gabriel T. Ingles and concurred by Associate Justice  Pamela Ann Abella Maximo dated September 19, 2014, copy of which was made available to The FREEMAN.

CHVI, represented by Lawyer Iolanda Abella of Angara, Abello, Concepcion, Raga and Cruz Law Office filed the petition against the Department of Environment and Natural Resources Regional Executive Director Isabelo Montejo, Community Environment and Natural Resources Officer Roldan Cotejo based in Luyang, Carmen town and Miguela Dignos, the declared owner of the four-hectare foreshore area.

The notice dated August 14, 2014 issued by DENR-Cenro Officer Roldan Cotejo pursuant on the order of execution dated July 30, 2014 setting the enforcement of the order of execution on September 10, 2014 at 10 a.m.

After a careful review of the instant petition, the court upon the consideration, finds the petition defective based on the following grounds.

The court said that an evaluation of the instant petition for certiorari and prohibition disclosed that Coastal Highpoint Ventures, Inc. elevated the instant case to their court on Certiorari and Prohibition under Rule 65 of the b1997 Rules of Civil Procedure pending resolution of its Motion for Reconsideration of the assailed July 30, 2014 order of execution, on the ground " that there is an urgent necessity for the resolution of the question and any further delay would prejudice the interest for them.

Earlier, the Supreme Court has ruled with finality that the daughter of former Lapu-Lapu City mayor Silvestre Dignos is the rightful owner of a four-hectare foreshore in Barangay Catarman, Liloan town.

The property has been a subject of a court case after it was claimed by a lot owner who entered into a joint venture with Ayala Land for the establishment of a high-end subdivision in the area.

Roldan Cotejo, head of the Community Environment and Resources Office station in Carmen town, personally implemented the Supreme Court resolution dated January 29, 2014 which denied the motion for reconsideration filed by Cebu Highpoint Ventures Inc.

Retired army colonel Edwin Layese, a representative of CHI, met Miguela Dignos and her lawyer and assured to cooperate after being directed by their management.

Court record showed that on August 10, 1966, the late Silvestre Dignos applied for an Application and Permit and Acceptance of Conditions with the Bureau of Lands to occupy the foreshore area in Barangay Catarman. — (FREEMAN)