Court directs homeowners’ group to open roads to public

CEBU, Philippines - The Regional Trial Court has granted the temporary restraining order (TRO) and writ of preliminary injunction (WPI) sought by residents in Lahug, Cebu City to have access to the roads that traverses Beverly Hills Subdivision.

Judge Generosa Labra of Branch 23 enjoined the Beverly Hills Association represented by its president Maria Franco from restricting the residents of Grand Legacy Veterans Village and of Upper Kalunasan from accessing the said public roads.

“Plaintiffs’ application for a TRO and WPI is granted and defendant Beverly Hills Association, its officers, agents, representatives and all persons acting for and on their behalf are enjoined from restricting access to the subject city roads and streets and to keep the same open and accessible to the public at all times while the case is being heard,” read the order. 

Labra ordered the residents of Veterans Village and Upper Kalunasan to post a bond of P1 million. 

In their complaint, Cecilia Yee and her neighbors said officers of Beverly Hills Association did not allow them to use the roads and even posted armed guards at certain points specifically at the entrance of Doña M.S. Gaisano Street and at the exit of D. Woolbright Drive going to the zoo, despite being owned by the Cebu City government.

According to the complainant, several roads that traverses Beverly Hills Subdivision were owned by the City of Cebu since the lots were donated pursuant to a deed of Donation dated March 17, 1976.

 However, the association recently has “unduly and unreasonably impeded, disrupted and obstructed the free access to and through the subject city roads and streets.”

The complainant added that the association even imposed a condition that they will be granted access to use the said roads if they will secure from them stickers or passes for a fee.

They further claim that the association denied them entrance to the same roads from 10 p.m. to 6 a.m. and only the residents of Beverly Hills Subdivision were granted access within the indicated time. 

The armed guards posted by the association were under “strict instructions” not to allow anyone from going pass the barriers unless they were able to show the sticker issued by the association. 

With this continuous denial for them to access the public roads, the complainants said they suffered “serious damage and prejudice.”

 In their opposition, the association officers sought for the denial of the TRO or WPI claiming they have not established clear rights.

They alleged that the conditions and restrictions sought to be abolished by the complainants have been in existence as a policy of the Beverly Hills Subdivision in the last 54 years prior to the application of the latter for TRO. 

They further alleged that the guardhouse and barriers being complained are on Lot 1310-C, which title is not registered under Beverly Hills Corporation or the City Government of Cebu. 

Labra, however, ruled in favor of the complainants. 

“Thus, to allow the defendant to continue imposing the foregoing conditions on the use of the subject roads and streets though not being the owner thereof would constitute a frequent, constant and recurring violation of the plaintiffs’ rights for which there is no reasonable redress available to them. There is thus a clear necessity to issue the TRO/writ of injunction to prevent further damage or injury to the plaintiffs,” read the order. — (FREEMAN)