Petition to stop clearing and demolition of Public Market in Tabuk City filed

Tabuk City, Kalinga – Vendors and consumers of Bulanao Public Market filed a petition, seeking to prevent the clearing and demolition of the stalls, booths, and other structures in the market.

Petitioners are Jamillah S. Dalilis, Edith A. Magsilao, David B. Lisweg, Grace C. Dumacyon, Jesusa P. Languia, Mildred C. Enciso, Casan M. Calil, Rosalinda R. Ganotice, Precy B. Chaclag, Mariven D. Macasing, and Vilma S. Magangan, all are stall-owners or vendors and leasing their spaces from the local government of Tabuk City.

Along with the vendors who submitted their petition dated May 24, 2022 are Placido T. Alsiyang Jr. and Atty. Errol B. Comafay Jr., both consumers of the public market.

‘Illegality and unconstitutionality of the Contract of Lease’

In their petition filed before the Regional Trial Court Branch 25, they appealed that the court grant issue a Temporary Restraining Order enjoining the respondents Tabuk CLGU and XRC Mall Developer, Inc. from implementing the Contract of Lease.

The contract, the petitioners claimed, is ‘illegal and unconstitutional’ and the continuation of the demolition ‘will cause grave and irreparable damage to the taxpayers of Tabuk City.’

Grounds

The grounds, as cited by the petitioners, are a.) No temporary relocation site has been provided to the affected vendors, as required in Item 9.8 of the Contract of Lease; and b.) XRC Mall Developer, Inc. has not yet paid the advance rental and security deposit required in Item 7 of Contract of Lease.

Further, there is c.) No Notice to Proceed has been awarded to XRC Mall Developer, Inc., as required in Item 10.3(a) of the Contract of Lease; and d.) No Building Permit has been issued to XRC Mall Developer, Inc., as required in Item 10.3(d) of the Contract of Lease.

“If the respondent CLGU Tabuk will be allowed to continue with its clearing and demolition, the petitioners, who are stall owners and vendors, will be deprived of their livelihood considering that no temporary relocation site has been provided to them. They and other persons similarly situated will certainly suffer irreparable and grave injury by the demolition of their stalls and booths,” explained the petitioners.

They also asked that the TRO be made permanent to direct the respondents to permanently cease and desist from conducting any acts and deeds to implement the Contract of Lease.

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