Court denies OPRRA’s bid for TRO vs Capitol

CEBU, Philippines - The Regional Trial Court denied the application for Temporary Restraining Order filed by the Old Philippines Railway Residents’ Association (OPRRA) against the Capitol officials led by Cebu Governor Gwendolyn Garcia for lack of merit.

RTC Branch 9 Judge Alexander Acosta ruled that the petitioners failed to show that there is extreme urgency to issue the TRO.

“Taking into consideration the respective memorandum submitted by the parties, this court finds that the matter is not of extreme urgency and that there is no clear and irreparable damage that would be suffered by the plaintiff if the prayer for the issuance of a TRO is not granted,” Acosta’s ruling read.

Under the rules, the plaintiff must show proof that they are entitled to the “injunctive writ” by showing that there exists a clear and unmistakable right to be protected; that the right to be protected is directly threatened by an act sought to be enjoined; the invasion of the right is material and substantial and there is an urgent necessity for the writ to prevent serious damage.

Acosta believes that any future agreement between the provincial government and the members of the Actual Residents of OPRRA Kalunasan Association (AOROK), Inc. would not impair the rights of the petitioner.

OPRRA members represented by its president Carlitos Ceniza earlier filed a civil case for the recall of termination of sales agreement, annulment of memorandum of agreement with AOROK, attorney’s fees, damages with prayer for the issuance of TRO against Garcia, Provincial Board member Alex Binghay, provincial attorney Marino Martinquilla, and AOROK Inc. represented by Jack Rallos.

The plaintiffs said that since 1967 they have been occupying the 11 parcels of land owned by the Province of Cebu located at OPRRA Village, Kalunasan, Cebu City after they entered a sales agreement.

On June 7, 2005, Garcia started signing the Deeds of Absolute Sale of the members of the OPRRA Inc. and reaches 143 Deeds of Absolute Sale until December 2010.

However, Garcia later refused to sign the next batch of Deeds of Absolute Sale because AOROK Inc. offered to buy the lot in a fair market value.

The AOROK offered to buy the lot at P3,273.33 per square meter while OPRRA only offered to buy the lot at P10 per square meter. — (FREEMAN)