Supreme Court dismisses Neri's petition against Lam-an Housing Project

 


The Supreme Court has dismissed the Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order filed by the petitioners against the Lam-am Housing project.

The petitioners, including individuals such as Liezl M. Torres, Conchita A. Danaoto, Joselita C. Amplayo, Jaime M. Dagodog, Angelita R. Dagodog, Elena P. Matutes, Virgilio R. Carpio, Constancia C. Unclara, Raul A. Denore, Tessie C. Denore, Catherine Janice E. Neri, Camilo E. Neri, Jr., Melina N. Soliano, Pinky B. De Guia, and Irenea E. Tadle brought the petition against Hon. Presiding Judge Soliver C. Peras, Regional Trial Court of Ozamiz City, Branch 15 and Branch 35, and the City of Ozamiz, represented by [then] Mayor Sancho Fernando F. Oaminal. They alleged Grave Abuse of Discretion Amounting to Lack or Excess of Jurisdiction.

In a 7-page resolution dated November 22, 2023, the Supreme Court stated that it found no reason to deviate from the conclusion of the RTC.

The Court acknowledged that the City of Ozamiz had presented evidence indicating that the project in question involved the Department of Public Works and Highways (DPWH), with the city merely tasked to provide the land for its implementation.

The Court further noted that the City of Ozamiz had been authorized by the Sangguniang Panlungsod to expropriate the petitioners' land, and a valid offer had been made, which was declined by the petitioners.

Additionally, the issuance of writs of possession was granted after the deposit of 100% of the land's value based on the current relevant zonal valuation, in accordance with the provisions of R.A. 10752.

Regarding the allegation of Grave Abuse of Description, the petitioners failed to demonstrate that the RTC had "exercised judgment capriciously, whimsically, arbitrarily, or despotically" out of passion and hostility when issuing the contested Orders dated March 3, 2020, and March 23, 2020.

Upon denying the Petition for Certiorari, the Supreme Court also rejected the petitioners' prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction.












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