Lapu-Lapu RTC denies TRO petition of concessionaire
Management of the Mactan Cebu International Airport yesterday started closing down some stalls used by a business concessionaire in the domestic terminal shortly after Thursday midnight.
The MCIA had ordered R-JIN Pasalubong Center to vacate their stalls to give way to the entry of a new concessionaire that won the bidding for the use of the area.
Nora Lañojan, owner of the “pasalubong” center, protested the closure, claiming that three of their sales attendants were sleeping inside their store and were locked in when MCIA workers shuttered the shop.
“Wala mi makahibalo nga gisirad-an na nila diha sa atubangan kay nangatulog na man mi sa tungang gabi-i,” said Jaime Zulueta, one of the three sales attendants.
(We did not know they will be closing the front of the store because we were sleeping because it was already midnight.)
He said he and co workers Gemma Langtad and Marilyn Caño were unable to go out to attend to personal necessities.
“Nanawag mi og tabang sa mga empleyado sa airport ug nihangyo mi nga ablihan.” said Langtad.
(We called for help from the airport employees and requested them to help.)
Scaffolding with boards were placed as barriers in the concession space.
Mary Anne Dimabayao, MCIAA’s Information Officer said the employees tasked to close down the area were unaware people were sleeping inside.
“After they knew there were people trapped inside in some of the stalls, they immediately helped them free the entrance,” Dimayabao said.
R-Jin Pasalubong Center owned by couples Ramon and Nora Lañojan have filed a case for certiorari and prohibition and asked the court to issue a Temporary Restraining Order (TRO) against the MCIAA.
They questioned the awarding of their store area to Ceasar’s Foodland owned by Butch Carungay last Sept. 12, 2012.
But in a letter dated 28 January 2013, Lanojan’s “pasalubong” center was given only until yesterday to vacate their stall.
Adverse ruling
The Regional Trial Court Branch 51 in Lapu-Lapu City denied the TRO sought for by the Lañojans.
In a two-page ruling dated March 1, 2013, Judge Anna Marie P. Militante said the court cannot issue the TRO to the owners of R-Jin Pasalubong Center “in the absence of clear legal right” that may be violated with their eviction from the MCIA in favor of the winning bidder of their stall.
The judge said a legal right should be “clearly founded in or granted by law or is enforceable as matter of law.”
She added that the court has yet to determine whether “the bidding conducted last September 12, 2012 and the award of the contract to Caesar’s Foodland is a nullity.”
The incident according to Dimayabao did not affect airport operations or caused any inconvenience to airport users.
