Filinvest allowed to resume work
By Grecar Nilles

THE Regional Trial Court (RTC) has allowed Filinvest Land Inc. to continue construction work at the disputed Corona del Mar subdivision in Talisay City.

But RTC Branch 13 Judge Meinrado Paredes cautioned Filinvest to gear the continued development works “towards the protection of the lives, limbs and properties” of the members of the Hugpong sa Nagpakabanang Talisaynon (Hunat), an organization of residents in the area.

Paredes also said that Filinvest should not remove the backfilling materials in the area because it might “cause massive destruction” of the houses in Sitio Cabutoy, Pooc, Talisay City.

Advice

Paredes advised that the continued infrastructure work be done gradually and not at one time.

“Filinvest may start rip-rapping the Pingan Creek along Tungkil side, which will involve the laying of stones and concreting works. It may also continue the completion of utilities at phase 1 and the road concreting of phase 1 and spine road, drainage and sewer lines,” the decision read.

Completion of the utilities in phase 1 involves the excavation of trenches about three-foot deep and two-foot wide along the designated utilities lines, the laying of pipes and road concreting of phase 1 and spine road.

The concreting and spine road will include road preparation, which is the laying of the base course, laying of forms and concreting.

Obligation

Filinvest earlier said it has to proceed with its project because it has legal and moral obligation to the lot buyers to complete with the horizontal development and physical amenities of the subdivision.

The subdivision works have long been delayed by protest actions undertaken by Hunat members.

Among the affected development projects in the area are the completion of utilities in phase 1, road concreting of phase 1 and Spine road, construction of retaining walls at phases 2, 3 and 4 and the construction of external drainage 5 to 9.

The court also encouraged Filinvest to undertake remedial measures to solve flooding in the area through construction of more and bigger inlets.

 

Court allows Filinvest Land to continue Corona project
December 9, 2003

On condition that efforts should be exerted to prevent destruction of properties of nearby residents, the Regional Trial Court had allowed Filinvest Land Incorporated to continue its works of the Corona del Mar project in Talisay City.

The ruling, issued by judge Meinrado Paredes, had in effect modified his June 4 writ of preliminary injunction stopping Filinvest from back filling and excavation operations until measures are undertaken to protect the lives and properties of the complainant group, the Hugpong sa Nagkahiusang Talisaynons.

Paredes now rules that Filinvest may continue with its construction work of the first phase of the project but with a stopgap provision: “In no case should back filling be undertaken if it will prevent the natural flow of water from higher estates, thus causing floods to lower estates.”

The works should also be done gradually, Paredes added, as he also stipulated that the firm may start riprapping the Pingan Creek, then the completion of sewer, drainage, and water lines, as well as the excavation of trenches, pipe laying, and road paving.

The gist of these conditions is also the basis of the court's previous injunction order, that is, for Filinvest to implement “serious remedial measures” to prevent loss of lives and destruction of properties while the project is being done in the area.

The Corona subdivision project is situated at the mouth of the natural drainage channel where rain and storm waters flow down from the mountains of Talisay, Minglanilla, and neighboring areas towards the sea.

Filinvest earlier defended its position, in court, contending that it acknowledged its moral and legal obligation to the project lot buyers of completing horizontal development and physical amenities of the subdivision, works which were later delayed by protest actions of Hunat.

During the ocular inspection, the court found that the removal of the back filling materials that are already in place could cause massive destruction of the houses in the area, a threatening situation that has been cited by Hunat in its complaint.

So Paredes ruled: ôThe back filling materials, elevating Phase 1 of area, may not be removed but Filinvest is enjoined to undertake measures to solve the flooding behind the retaining walls such as, but not limited to, the construction of more and bigger inlets. All works should be geared towards the protection of the lives, limbs and properties of petitioners,ö Paredes said.

In its complaint, Hunat alleged that the project violated the constitutional rights of the residents in sitios Cabutoy, Cainta, Dapdap, and Libo where the project is situated.

Hunat also rapped at the DENR for issuing to Filinvest the environmental compliance certificate on November 18, 1998 despite the absence of an environmental impact assessment, as required.

Hunat further alleged that Filinvest''s lapses in the project had caused the deaths of two residents and the flooding of the areas near it, during the onslaught of typhoon Nanang in November 2001.

But Filinvest countered: Since October 2002, Hunat had allegedly used physical force, threats of violence, and intimidation preventing the firm and its contractors from pursuing development works in the project.

Then on February, this year, Hunat also blocked and prevented entry of trucks, loaded with construction materials, into the project site, Filinvest alleged.

The firm had already filed a counterclaim of over P10 million in damages against Hunat. — Joeberth M. Ocao