A court has denied the request of the Manila Seedling Bank Foundation Inc. to stop the Quezon City government from continuing to take over its seven-hectare property.
Judge Luis Zenon Maceren of Regional Trial Court Branch 218 denied the petition for a temporary restraining order lodged against city mayor Herbert Bautista, Elmo San Diego of the Department of Public Order and Safety and other officials.
The order being requested is no longer available as the action sought to be enjoined has already been consummated as the city government has taken over the property since July 9.
The MSBFI, in seeking relief for a TRO before the court, claimed the gates and tenants’ stalls have been padlocked and that they were only served a letter to vacate and not a court-issued ejection order.
The court noted that both the lawyers of the foundation and the city government admitted that the premises was already in City Hall's control.
The order cited a Supreme Court ruling which said “that when the events sought to be prevented by injunction or prohibition have already happened, nothing more could be enjoined or prohibited.”
The MSBFI has been contesting the allegedly unlawful takeover of its property since last week, which was prompted by its alleged failure to settle P57.208 million in unpaid real property taxes. It also claimed that it is exempt from paying real property taxes.
According to the foundation, it has been allowed to occupy the property at the corner of Edsa and Quezon Ave. since 1977 by virtue of a presidential proclamation.
The city government enforced the takeover on July 9 after the one-year period for redemption of auctioned properties has lapsed.
The seven-hectare property was auctioned in July last year after it failed to settle real property taxes.
source: interaksyon.com
