Court issues 20-day TRO in favor of golf course
January 28, 2011
ANGELES CITY–The local court here has issued a second temporary restraining order (TRO) seeking to stop the Nepomuceno family from blocking the way to a golf course in this city that is frequented by Koreans.
Judge Irin Zenaida Buan (Regional Trial Court, Branch 56) issued the TRO last Saturday after the first hearing of the land case.
“The court grants a 20-day temporary restraining order from service of this order restraining the defendants or its/their duly authorized representatives from setting up obstacles, road blocks, concrete walls on the subject property; preventing the owners, officers, guests and employees of the Royal Garden Golf and Country Club (RGGCC) from going in and out of the establishment and preventing the use of the subject property,” Buan’s decision read.
The order also includes the first 72-hour TRO issued by Executive Judge Ma. Angelica Paras on January 18.
The disputed land was labeled as Lot 4.0.
The first TRO gave way for Ruperto Cruz, owner of the RGGCC, to destroy the concrete fence put up by the Nepomuceno family in front of the golf course on the night of January 17.
The concrete fence has trapped some Korean families, including Cruz’s family, and employees inside the golf course for 40 hours.
Meanwhile, the Nepomuceno family said they have the right to block the passage to the golf course because it is their property and not Cruz’s.
When the first TRO expired on January 21, the local court conducted a summary hearing and an ocular inspection of the disputed land.
“During the summary hearing and ocular inspection, the court finds that the prevailing factual circumstances justify the extension of the 72-hour temporary restraining order,” Buan said in her decision.
“As things stand right now, the court observed that the RGGCC is fully operational. There are clients (mostly Korean golf players) of both the golf course and the hotel. To maintain and fully operate the RGGCC, it is expected that the plaintiffs incur operational expenses,” she said.
Cruz said the golf course nets around P1 million per day during peak season.
During the standoff, the golf course’s operations were suspended for two days.
Councilor-Lawyer Bryan Nepomuceno has refused to comment on Judge Buan’s decision.
Another hearing on the case was held Thursday at the Regional Trial Court Branch 56. (Charlene Cayabyab)
Source: http://www.sunstar.com.ph/pampanga/local-news/court-issues-20-day-tro-favor-golf-course
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