Vendors regain stalls in Labangon market

The Municipal Trial Court in Cebu City has ordered the barangay officials of Labangon to restore the stalls of five market vendors who were forcibly evicted allegedly because of their being political supporters of Team Rama.

MTCC Branch 5 Judge Oscar Andrino also ordered Barangay Captain Victor Buendia, Barangay Councilman Ronald Dagatan, Chief Barangay Tanod Celerina Delos Reyes, and Market Administrator Lita Lomibao to pay the vendors P10, 000 as attorney’s fee on top of the litigation cost.

Market vendors Pepito P. Pepito, Arceli Taboada, Rowell Torrenueva, Mary Torrenueva, and Teresita Oteda accused Buendia and the three other respondents of forcibly evicting them from their stalls in the public market.

The complainants claimed that they received from Buendia on January 27, 2014 the final notice advising them to vacate their respective stalls as their lease contracts had been rendered “null and void due to the change in administration in the barangay.”

They added that at least 30 barangay tanods seized their belongings and cut off the electricity and water supplies. The complainants believe that their eviction was due to their being supporters of Team Rama in the last elections.

Buendia is an ally of Bando Osmeña Pundok Kauswagan.

Andrino ruled that the changing of administration is not a valid basis for unilaterally terminating the vendors’ possession of market stalls.

“Nevertheless, granting that the lease contracts had indeed expired for some other valid ground, the defendants still cannot justify the forcible deprivation of plaintiffs’ physical possession of the subject stalls,” the court decision read.

The barangay officials said that the vendors were not “unlawfully deprived of the possession of their individual market stalls”, adding that it was the termination of their respective contracts of lease that duly terminated their possessory rights over the stalls.

However, upon the perusal of the contract, the court said that “the renewal of the contract is automatic upon the expiration of the contract, provided there is no violation being committed.”

On March 18, 2014, the court set the preliminary conference, but only the plaintiffs and their counsels have attended.

“Pursuant to Section 8, Rule 70 of the Rules of Civil Procedure and upon motion of the plaintiff ’s counsel, the case was ordered submitted for decision based on the facts alleged in the complaint,” ruled the court, adding that defendants did not file a motion for reconsideration.

The court directed the barangay officials to restore the normal activities of the vendors in the market.