JUDGE ISSUES TRO ON MARKET MOVE - SUNSTAR NEWS

JUDGE Douglas Mari-gomen yesterday issued a 20-day temporary restraining order (TRO) against the closure of the Tabunok Public Market in Talisay City.

Marigomen, presiding judge of Regional Trial Court Branch 5, also directed the
counsels for the Talisay City Government and the petitioners to submit their position papers within 20 days for the issuance of a preliminary injunction.

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While the vendors considered the court ruling as a step closer to their main petition, Talisay City Legal Officer Attorney Owen Algoso said the TRO would cause no damage to the City Government.

With or without the issuance of a TRO, Algoso said the City Government will close the operations of the old public market.

He said the Tabunok Public Market closes on June 28, or 30 days after the “transition period,” which starts today.

Civil suit

Marigomen tackled yesterday the civil suit that at least 48 stall owners of the Tabunok Public Market filed asking the court to stop the permanent closure of the market.

Named respondents in the suit were the Talisay City Government and Mayor Socrates Fernandez.

Assisted by their counsel, Jorge Esparagoza, more than a hundred vendors stormed the RTC Branch 5 courtroom for the hearing of their petition.

Apart from a TRO and preliminary injunction, the petitioners also asked the court to order the defendants to pay them P500,000 in damages and litigation expenses.

The plaintiffs cited Section 11, Chapter 2 of the Local Government Code, which states that “local government offices and facilities shall not be transferred, relocated or converted to other uses unless public hearings are first conducted.”

But Mayor Fernandez, who took the witness stand yesterday as the plaintiffs’ hostile witness, outlined two major reasons why the old Tabunok Public Market should be closed and transferred to the newly-built Talisay City Public Market in Barangay Lagtang.

The first reason, according to Fernandez, is that the new public market is a “dream plan” of the City Government for its constituents. He said the old Tabunok Public Market could hardly accommodate customers, especially during peak hours.

Second, Fernandez said the Local Government Code supports the establishment of the new public market.

White elephant

If unused, the newly constructed public market will become a “white elephant,” causing damage to government, the mayor said.

Fernandez said he talked with former Talisay City mayor and now Rep. Eduardo Gullas (Cebu, first district), who the mayor said supported his idea to transfer the old public market.

Fernandez said the construction of the new public market is designed to “enhance” the lives of his constituents.

The mayor admitted, though, that the planned closure of the old public market and the transfer to the new facility don’t have authority from the City Council.

Fernandez said that compared to the old public market in Barangay Tabunok, the new public market has more than 300 available stalls for lease to vendors.

Fernandez said that during the one-month transition period, which starts today until June 28, he may extend the operations of the old public market if he sees “sensible reason” to introduce additional improvements to the new public market.

City Attorney Algoso said the 20-day TRO would have no effect on the proposed
transfer of the old public market to the new facility.

Whether or not the court issued the restraining order, Algoso said the City Government would not close the old public market until June 28.

He expressed confidence that the court will favor their argument once they submit their position paper for the preliminary injunction.

Published in the Sun.Star Cebu newspaper on May 28, 2011.


Source: http://www.sunstar.com.ph/cebu/local-news/2011/05/28/judge-issues-tro-market-move-157965 

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