The Court of Appeals, penned by Justice Villarama, with Justices Edgardo Sundiam and Japar Dimaampao of the 8th Division [CA-R.R. CV NO. 85885] concurring, issues injunctive relief last Monday, March 27, 2006, to restrain the City of Parañaque from enforcing Parañaque Ordinance 00-15(672).
We quote the dispositve portion of the resolution:
“UBFHAI has continuously administered, regulated and maintained the use of the private roads inside the BF Homes Parañaque Subdivision even employing security guards to man their major gates, issuing passes and tickets for entry into the subdivision for certain purposes and charging fees set by the association. As owners or administrators of private roads, appellants are entitled to continue to enjoy exclusive access therein for their own protection and security and to regulate its use by non-residents within the limits prescribed by law and administrative rules. Appellants have sufficiently shown that the ordinance directing the opening of the subdivision gates has actually caused them injury due to the unmitigated flow of vehicular traffic and pedestrians, and proliferation of crimes that threatened the security of their private homes and properties. Precisely, the law has tasked the owner or developer to initiate the organization of a homeowners’ association for the purpose of promoting and protecting their mutual interest and assist in their community development.
“Under the foregoing premises, the Court deems it proper and justified to maintain the status quo ante until resolution of the controversy involving the validity of Ordinance No. 00-15 (672), Series of 2000 of the Sangguniang Panglunsod of Parañaque.
“ACCORDINGLY, and as prayed for by the petitioners-appellants, let a writ of preliminary injunction be issued, upon posting by petitioners-appellants of a BOND in the amount of One Hundred Thousand Pesos (P100,000.00) in case or surety issued by a reputable bonding company and of indubitable solvency with terms and conditions, acceptable to this Court, within five (5) days from notice hereof, enjoining the City Mayor and the Sangguniang Panglunsod of Parañaque, the Philippine National Police operatives, and any or all persons claiming authority under them, from enforcing or implementing Ordinance No. 00-15 (672), Series of 2000, until the final disposition of this case.
“The Clerk of Court of this Division is hereby DIRECTED to cause the immediate service of this Resolution to all the parties through personal service.”
UBFHAI is arranging the posting of the bond and shortly thereafter take over complete control of the 8 gates of the subdivision.
No comments:
Post a Comment