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THE Regional Trial Court (RTC) branch 5 dropped the petition to issue a restraining order against the Capitol which claimed a lot formerly occupied by the regional Department of Agriculture in Central Visayas (DA-7) in M. Velez Street, Cebu City.
In his decision, RTC Judge Douglas Marigomen considered as ?moot and academic? a petition to issue a temporary restraining order (TRO) against the province, which promised not to take over the lot until the court issues its ruling on the case.
?It's status quo as of now. The province will not occupy the lot until I resolve the petition for injunction,? Marigomen told .
The ruling will allow settlers inside the DA lot to stay in the area until further notice by the court.
Last February, Cebu City Hall filed a petition for judicial review and annulment of the province's title in a bid to stop the Capitol from recovering the six-hectare lot on M. Velez Street in Cebu City.
The city government asked the court to nullify the Transfer Certificate of Title No. 19334 issued to the province, claiming that the rightful owner of the property was the national government.
It sought a preliminary injunction to be issued after the hearing to permanently stop the province.
Cebu City Mayor Tomas Osmeña was included as petitioner in his role as mayor of Cebu City and as taxpayer after his term expires this June 30.
In its petition, the city said Cebu province reportedly has a ?reconstituted title? over the parcels of land.
After being served a notice to vacate, the DA-7 moved to its new location in barangay Subangdaku, Mandaue City. Reporter Ador Vincent Mayol
