The Regional Trial Court (RTC) denied the petition filed by a group of vendors over the redevelopment of Iloilo Central Market and Iloilo Terminal Market or “Super.”
The Association of Stall Owners and Transient Vendors (ASTRAVEN) sought for the nullity and declare void Resolution Numbers 2022-615 and 2022-616 issued by the city government and the lease lgreement relative to the redevelopment of the city’s two biggest public markets.
“The petitioner failed to show any meritorious ground for the issuance of the temporary restraining order and/or preliminary injunction in its favor,” a resolution stated.
Dated Sept. 8, the resolution was penned by RTC Branch 39 Presiding Judge Victorino Oliveros Maniba Jr.
The court ruled that the discussions pertinent to its application for the issuance of a temporary restraining order and/or preliminary injunction does not show an urgent and paramount necessity to avoid injurious consequences to the petitioner in case the injunctive remedy is issued while the merits of the main case are being resolved.
The court cited the rule that courts should avoid issuing a writ of preliminary injunction which, in effect, would dispose of the main case without trial.
In the present case, it added, it is evident that the only ground relied upon for injunction relief is the alleged patent nullity of the ordinance.
“If the court should issue the desired writ, premised on that sole justification therefor of petitioner, it would be a virtual acceptance of his claim that the imposition is patently invalid or, at the very least, that the ordinance is of doubtful validity,” the resolution stated.
“There would, in effect, be a prejudgment of the main case and a reversal of the rule on the burden of proof since it would assume the proposition which the petitioner is inceptively duty bound to prove,” it further stated.
Last month, city government awarded the 25-year lease agreement for the redevelopment of the two public markets to SM Prime Holdings, Inc. (SMPHI) with an initial P3 billion investment.IMT
