Resort owners sue Baguio gov’t for forcible entry

By SHERWIN DE VERA
www.nordis.net

BAGUIO CITY — As the assumption to office of Baguio City’s Indigenous Mandatory Representative (IPMR) remains unresolved, officials and the selected IPMR of the city are again locked in a court battle, this time for the appropriate division and control of the Asin Hotsping Complex.

READ: Court grants injunction against Baguio IPMR 
READ: Sinot petitions CA to review court barring him from office
READ: Sinot petitions CA to review court barring him from office

Roger Sinot, Sr. and wife, Karen, are suing Baguio together with a number of private individuals for forced takeover, fencing and occupation of a portion of the disputed compound beyond the delineated property of the city.

The couple filed the petition on Friday, December 21 at the Tuba-Sablan Municipal Circuit Trial Court asking for a Temporary Restraining Order and Damages against the city.

Respondents for the petition are Juris Awal, Mayor Mauricio Domogan in his capacity as the local chief executive of Baguio City and the city’s Public Order and Safety Division represented by its head, Policarpio Cambod.

They also appealed for the issuance of “preliminary prohibitory injunction enjoining the defendants from conducting further improvements and expansion of their occupied are within the portion of land” outside the delineated property of the city.

The request is grounded on the the Sinot couple’s claim that respondents’ usurped their property by putting “blockades and structure” within the portion of the complex they own.

READ: Baguio forces claim over Asin hotspring
READ: Tuba LGU asked to intervene in Asin resort row

“Defendants continued improvements of the property and expansion of their occupation thereto, if unabated and allowed to progress during pendency of this case, will cause great and irreparable damage and injury to plaintiffs,” the petition said.

A preliminary injunction is defined under Rule 5 of the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights as “an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party to an administrative case or any third person to refrain from a particular act or acts.”

An order for the city personnel and private individuals guarding the area to “vacate the premises, remove improvements and surrender peacefully the physical possession” of the property claimed by the Sinots is also included in the plea.

A fiscal penalty of not less than P230,000 is also requested by the complainants, that includes actual and exemplary damages, and attorney’s fee.

Prior to this, on December 3, the couple also filed a trespassing, grave coercion and violation of Section 213 of the National Building Code charges against Awal and seven of his men for entering and erecting a fence on the evening of November 29 on their property. Earlier, Awal is said to have won the public bidding by the City for the Asin Hotspring operation. # nordis.net

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