Court issues status quo order stopping closure of Cloverleaf market in QC
MANILA — A privately owned market in Balintawak, Quezon City, got a reprieve from being shut down by the city government, after a court issued a “status quo order” on its operations.
On Monday, the Quezon City Regional Trial Court Branch 98 issued an order allowing, for the meantime, the Balintawak Cloverleaf Market to operate as it had before the closure order was issued by the QC. The court scheduled for Wednesday(Feb. 3), a hearing on a petition for a temporary restraining order (TRO) filed by the Balintawak Cloverleaf Market Corporation against the Quezon City government’s cease and desist order.
“In order not to render moot and academic the possible issuance by the court of a TRO, the parties are hereby strictly enjoined to maintain the status quo upon the receipt of this order pending the court’s action on the application of TRO,” read the two-page order of court presiding judge Marilou Runes-Tamang.
In a 17-page petition filed on Friday, Balintawak Cloverleaf Market Corporation President Rodolfo de Guzman Sr. asked the court to issue the TRO, and a preliminary injunction, to restrain the city government from enforcing on them a Jan. 19 cease and desist order.
In the same petition, the Balintawak Cloverleaf Market Corporation also sued the city government, represented by Mayor Herbert Bautista, as well as city market administrator Noel Soliven for “compensatory damages” in the amount of P2 million, P100,000 in exemplary damages, and P300,000 in attorney’s fees.
De Guzman alleged that the city government “acted with grave abuse and discretion amounting to lack or excess of jurisdiction in pursuing their malicious and unwarranted threats and resolve to close the operation of the Balintawak Cloverleaf market.”
Article continues after this advertisement“Since the operation of the Balintawak Cloverleaf Market and until now, BCMC has religiously and consistently complied with all rules, regulations and standards prescribed and imposed by relevant national statutes and local ordinances,” De Guzman said, in the petition.
Article continues after this advertisementDe Guzman said the BCMC “will suffer grave injustice and irreparable damages” if the market were to be closed, and also said that the Quezon City government’s publicising their closure “has damaged the reputation of….BCMC…after it was projected as an ‘errant’ private market operator.”
De Guzman said they were denied due process, and had not been furnished the results of any inspections on their market showing any violations. He also claimed that the city building official, in a letter to them dated Jan. 11, certified that “the entire market structure is now structurally sound.”
Too, De Guzman revealed that on Jan. 18, the city government received from the BCMC P914,380.00 as payment for various fees permits, and taxes, “without any assessment for delinquency.”
Soliven had served the cease and desist orders on Cloverleaf Market, MC Market, and Riverview Market II two weeks ago allegedly for their “continued failure, despite several notices, to comply with the requirements for the operation of a public market.”
In an earlier press briefing, the city health department showed an inspection report alleging that the markets were infested with cockroaches, that frozen goods were displayed at room temperature, and that some merchandise did not indicate expiry dates, among other findings.
The city government also claimed the markets had no sanitary and building permits, fire, locational and environmental clearances, and sewage treatment facilities.
In a statement on Monday, Mayor Bautista said the city government “welcomed” the court’s status quo order. “Now that the court has intervened, then the Quezon city government will be able to present its position, showing all evidence. It will continue to pursue the protection of consumers.” SFM
