Monday, March 09, 2009 [ manilatimes.net ]
Tension builds at Ever Gotesco Grand Central over reports that the city government of Caloocan would take over the mall and its premises today as planned.
Gotesco Mall and Gotesco Investment filed for injunction on December 15, 2008, before the Manila Trial Court to stop the Caloocan City government, its officials and agents from the mall. The case was docketed as civil case 08-120551 and raffled to Branch 11. The court granted the petition on December 29, 2008 having found merit in the petition.
The city government appealed the decision, which was again denied by the court on January 16, 2009, the same day Caloocan City filed its petition before the sala of Judge Oscar Barrientos.
But despite a motion to dismiss filed by the Gotesco management in view of the original jurisdiction over the case by the Manila Regional Trial Court, Barrientos denied the mall’s petition on February 18.
Barrientos also disregarded the temporary restraining earlier issued by the Manila Regional Trial Court, a co-equal court, thus allowing the city government of Caloocan to proceed with its plan to repossess the mall.
The stall owners, led by Tiger Eye Events, through its owner Raymond Ko, earlier, said the decision of the judge to lift the temporary restraining order would translate to losses worth millions of pesos. The mall owners claimed the Barrientos ruling was basically “flawed” and demonstrated “undue interest” in favor of Caloocan.
“The matter is of grave concern,” said Ko in a statement on Saturday, adding that stall owners, shareholders, and merchants at the Ever Gotesco Grand Central were one in appealing to Chief Justice Reynato Puno and Interior Secretary Ronaldo Puno for justice and respect for the rule of law.
“We will stand our ground having in our favor a writ of preliminary injunction preventing the city of Caloocan from taking possession of the mall that is fully implemented and remains in full force and effect,” stressed Ko.-- Ruben Manahan 4th
