'NO CAUSE OF ACTION' | MANDECOR moves to dismiss complaint filed by Naga City

NAGA CITY  (Bicol Standard)—Manubay Industrial Development Corportation, Inc. (MANDECOR), has moved for the dismissal of the case filed by the Mayor Nelson Legacion, representing the city for "Determination of Just Compensation with Prayer for the Issuance of a Temporary Restraining Order" (TRO) alleging that the case filed by the City does not spell out a mode of acquisition on the subject property.

The legal issue stemmed over a parcel of land now being used by the city government as a road that connects from the junction of the Pacol to Carolina road to the Naga City Sports Complex, Ateneo de Naga High School, and several other subdivisions in the area. The use of the said private property of MANDECOR was without the benefit of expropriation in favor of the City of Naga.

It will be recalled that prior to the case, MANDECOR has warned the public that it will close the road section last December 4, since it is a private property. The road closure did not materialize, however, due to a modus vivendi that was reached between the corporation and the City Government in a meeting initiated by the Naga City Police at Barangay Carolina, this city. Both parties agreed that if Mayor Legacion files any appropriate case against MANDECOR before December 4, the corporation would no longer close the road, as the case will settle all legal issues.

However, sources revealed MANDECOR filed a Motion to Dismiss in time for the scheduled hearing last December 11, 2019 intended for the prayer of the City of Naga for an Injunction to prevent the closure of Fr. Phelan Drive.

The motion to dismiss alleges "The petition is also bereft of any allegation or mention of the mode of acquisition by the petitioner of respondent's property used as Fr. Phelan Road. Thus, there is no claim of expropriation in the petition. The petition itself admits that respondent company who owns the subject property is not donating or selling it to the petitioner."

"Simply, the instant petition has no legal basis to ask this Honorable Court determine just compensation for a property that is not being expropriated. If at all, the petition is not a justiciable controversy as the determination of just compensation presupposes expropriation which is not alleged nor asserted in the petition."

"Thus, the prayer in the petition merely asks for a determination of just compensation which is not even alleged nor prayed that the same will be delivered to the respondent property owner as payment for the subject property".

As of today, the City of Naga has yet to file its opposition to said Motion to Dismiss.