The hearing of the application for the issuance of a temporary restraining order and preliminary prohibitory injunction filed by the Bacolod Real Estate Development Corporation against the passage of City Ordinance 454, or the “takeover” ordinance, was set by the Regional Trial Court on Feb. 14, Valentine's Day.

In his order dated February 5, RTC Judge Fernando Elumba also set the preliminary hearing of the defendants' special and affirmative defenses on the same day.

BREDCO, represented by its president Simplicio Palanca had filed the case last month against the city, mayor Evelio Leonardia, Vice Mayor Jude Thaddeus Sayson, Councilors Al Victor Espino, Dindo and Kevin Ramos, Homer Bais, Greg Gasataya, Celia Flor and Roberto Rojas.

It asked the court to declare C.O. 454 null and void for being unconstitutional, violative of pertinent provisions of the New Civil Code, violative of, and non-compliant with the pertinent provisions of the Local Government Code, and to declare defendants guilty of breach of contract in passing it.

Defendant City of Bacolod and Mayor Leonardia, asked the court to dismiss the case pointing out that the complaint does not state a cause of action as the plaintiff, BREDCO, is not a real party in interest, and has no legal capacity to sue.

The Vice Mayor and seven other councilors asked the court to deny the TRO and preliminary injunction sought by BREDCO. They also asked the court to dismiss the case outright and uphold the validity of C.O. 454.

They also asked the court to dismiss the case against SP member Kevin Ramos since he cannot be criminally, administratively and civilly liable for his act considering that he is a minor.*CGS

back to top