CEBU, Philippines — The petition for a temporary restraining order (TRO) filed by vendors against the joint venture agreement between the Cebu City government and Megawide Construction Corp. to “modernize” the Carbon Public Market has been dismissed.
The so-called Carbon Alliance filed the petition last August 25, 2021 with the aim of stopping the project due to lack of consultations with vendors.
The petitioners comprise Sanlakas; Akbayan party-list; QUEBVABEI vendors association; Bato Ermita Community and Neighborhood Association Inc .; Wangyu Mambaling Homeowners ’Association; Hermitage Fisher Folks Association; Suba Women’s Organization; Cebu Urban Poor Women’s League; Association of Poor Citizens; Pasil Women’s Organization; Proper Hermitage Homeowners ’Association; and other individuals.
The case was filed against the late Cebu City mayor Edgardo Labella along with then vice mayor Michael Rama, city administrator Floro Casas Jr., city legal officer Rey Gealon, city treasurer Mare Vae Reyes, city planning and development officer Kenneth Carmelita Enriquez, budget officer Marietta Gumia, city assessor Noel Wenceslao, Louie Ferrer and Edgar Saavedra, officers of Megawide Construction Corp., and Cebu2World Development Inc.
However, Regional Trial Court Branch 7 Judge Soliver Peras, in his decision, denied the motion for the issuance of a TRO “for failure to substantiate cause of action.”
For there to be a cause of action for a TRO, there should be a violation of the right of the plaintiffs and such right must be protected accordingly. However, in this case, the court did not see such violation as “their authority to represent the real parties in interest is in a quandary.”
The court said it did not find grave and irreparable injuries to be prevented.
The court was not convinced by the plaintiffs’ claim that vendors, informal workers, and settlers in the Carbon market have suffered untold misery and suffering in the form of loss of livelihood and mental being, which they claim as the basis for the issuance of a TRO.
The court explained that it can issue injunctive relief when there are compelling constitutional violations -- only when the right is clear; there is a need to prevent grave and irreparable injuries; and the public interest at stake in restraining or enjoining the project while the action is pending far outweighs the inconvenience or costs to the party to whom the project is awarded.
The court said the complainants failed to show the elements that would warrant the issuance of the provisional injunctive reliefs.
The development means that the project may now proceed, though Mayor Michael Rama said there are some matters that should be addressed first as “curative measures” to the JVA.
As to what these curative measures, the mayor did not specify.
Welcomed
For its part, Megawide said it was yet to receive copy of the court decision but it, nevertheless, welcomed the same this early.
“We welcome this development and remain committed to ensuring we meet project milestones on time, for the benefit of vendors and the community,” said Megawide spokesperson Anna Salgado.
According to Megawide, the project is vital to helping stakeholders recover from Typhoon Odette and the COVID-19 health crisis.
Megawide has promised to keep the market rate reasonable with all vendors to be accommodated. This, however, will be based on the list provided by the city government.
At the moment, consultations are still ongoing with vendors and other parties involved.
“Consultations are continuing for vendors, karumateros, and nearby communities. We are also preparing for the opening of the Interim Market Building (previously known as Unit 2) later this month,” Megawide said. - with Sanden J. Anadia, JMD (FREEMAN)