Compania Maritima ownership Court junks TRO sought by CPA

CEBU, Philippines – The Regional Trial Court has denied the temporary restraining order sought by the Cebu Ports Authority against the Cebu City government to enjoin the latter from interfering in the exercise of its authority over the areas that falls within its exclusive jurisdiction.

RTC Branch 10 Judge Soliver Peras said there was no valid ground to grant the TRO against the City of Cebu through Mayor Michael Rama and city assessor Eustaquio Cesa.

 Peras explained that the need for the issuance of TRO is based on the concept that the plaintiff will suffer grave and irreparable injury and damage of the actions of the defendant.

However, the court ruled that in this case the area near the Compania Maritima has long been converted to a lot and there are no more ships docking in front and on the right side of the building.

The CPA through the Office of the Solicitor General wanted the court to restrain the city government from making interventions in its development of the area claiming that it falls within its exclusive territory.

The case stemmed from the city government's demolition of the perimeter fence built by the CPA to secure the area near Compania Maritima. Rama ordered the demolition of the fence for lack of permit.

The CPA filed a civil case for injunction with quieting of title, claiming that the agency was granted by law the administration and beneficial use of the entire Baseport of Cebu.

It claimed that the CPA has the right to be in peaceful possession of the Compania Maritima premises and the legal authority to make any improvements or construction on the premises without interference from local government units like City of Cebu.

But the city government has claimed ownership of Compania Maritima. It showed an alleged tax declaration certification issued by Cesa.

The city government took possession of the property by making it as a temporary terminal for v-hires that used to occupy the One Citilink Terminal along the Natalio Bacalso Avenue. —/FPL (FREEMAN)