The Regional Trial Court issued a temporary restraining order Tuesday to stop the Bacolod City Government from demolishing structures of residents in Purok Magnolia, Barangay 7, Bacolod City.

An injunction case with prayer for TRO and writ of preliminary prohibitory injunction was filed Monday by Gilberto Lagaras; Exodus, Anabella and Mercedes Base, Enriquita and Henry Maalat, Susan Arquisola, Elena Quidato and May Rivera of 15th Street, Brgy. 7 against the City of Bacolod represented by Mayor Evelio Leonardia, et al before the Regional Trial Court.

The petitioners claimed that they are beneficiaries of the financing scheme under the Community Mortgage Program of the national government through the National Housing Mortgage and Finance Corp.

They said that, as beneficiaries of the CMP, they have organized and became member/beneficiaries of the Urban Poor Purok Magnolia Chapter and that GSIS had agreed to sell the property to the association through the CMP program.

They also claimed that the association is now on the final phase of preparing the necessary structural and documentary requirements for the eventual awarding, transfer of ownership and scheme of payment of the members to the NHMFC, and are now considered occupants with vested rights over their respective occupied area, they said.

The petitioners asked the court to issue a 20-day TRO against the city and the officials involved, and to order them to pay them moral damages and attorney’s fee and other litigation cost.

In his order dated July 24, 2012, RTC Judge Manuel Cardinal Jr. set the hearing of the application for preliminary prohibitory injunction on Friday.

Cesar Beloria, City Legal Enforcement Unit head, yesterday said they will respect the order of the Court. But after the TRO has lapsed, they will proceed with the demolition of the structures along road lots in 15th Street, Brgy. 7.

Beloria said that out of the 29 affected families, the 26, who are qualified for relocation have voluntarily demolished their structures.

He said the property which consists of 17,917 square meters has been claimed to be owned by theGovernment Service Insurance System that, in return, had subjected it to CMP.

Beloria said he was informed by the officers of the CMP that over 200 residents of Brgy. 7 have already filed a petition because one of the basic requirement for their subdivision plan to be approved is road access.

The residents are also concerned about fire incidents in the area due to lack of access roads, he said.

Meanwhile, Beloria said it is not true that they are the ones threatening the residents of Brgy. 7. They were told that every time the residents voluntarily demolished their structures, someone comes to threaten them, he said.*CGS

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