Metro stories
Stall owners given 3 days to leave Gotesco mall

Amid a tense atmosphere at the biggest shopping mall in Caloocan City, a local court officer managed yesterday to tell about 300 occupants that they have until Wednesday to vacate their stalls.

But before Nicholas Ramos, regional trial court?s Branch 126 sheriff, could hand down the notice at the Gotesco Grand Central Shopping Mall on Rizal Avenue Extension, Barangay 88, around 11 a.m., he had to face up to Carmelo Cachero, sheriff of Manila RTC Branch 11.

Cachero told reporters that he was sent by Judge Cicero Jurado Jr., to show to Ramos the two-page writ of preliminary injunction dated Dec. 24, 2008, enjoining Caloocan authorities from taking over the mall under the management of Gotesco Investments Inc., which is owned by one Jose Go.

Gotesco was able to obtain an injunction order from Jurado?s court since the mall?s business address was Claro M. Recto Avenue, said Cachero.

The case of the alleged non-payment of realty taxes that accumulated to P722,321,368 since it was built in 1986 to 2006, outlasting at least two mayors (Macario Asistio and Rey Malonzo).

Caloocan RTC Branch 126 Judge Oscar Barrientos issued on Friday a writ of possession over the mall that sat on what used to be the site of the Cecilio Apostol elementary and high schools.

He ordered the sheriff to eject Gotesco and all other parties claiming rights to the mall.

Sometime in 2007, the city treasurer proceeded with auction but tenants through spokesman Raymond Ko invoked an injunctive relief by Jurado issued on Dec. 29 last year.

He said Caloocan?s appeal was junked this year on Jan. 16, on which day the petition for a writ of possession was filed with Barrientos.

Ko noted that Gotesco moved to dismiss the case in Barrientos? court, insisting on the Manila court?s original jurisdiction, but was set aside on Feb. 18, when it ignored the temporary restraining order of a co-equal court.

?It is just like they are engaged in forum-shopping,? said Cachero as he insisted that the injunction order is still of ?legal force and in effect? as it has never been quashed or lifted by any other competent court.

A little after lunch, Ramos prevailed upon Cachero and was able to start telling stallholders that they had ?three working days? to voluntarily remove their goods to avoid forced eviction.

Not a few tenants expressed concern even as they requested anonymity for fear of reprisal.

?We do not mind who will manage the shopping mall as long as we will not be dislocated as we have already invested our hard-earned money here,? they told Standard Today. Arlie Calalo and Gigi Mu?oz David

 

Tuesday, March 10, 2009
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