JUDGE Danilo Camacho of Regional Trial Court Branch 62 said the Administration Order No. 008 s. 2010 by then former mayor Gregorio Abalos Jr. prohibiting the sale, disposal and storage of chicken dung in the valley remains valid.
"Unless Administrative Order No. 008 s 2010 has been amended, altered or rendered invalid, the same remains effective. Thus, the property rights being asserted by Plaintiffs as to the utilization of the lot must bow to the Administration order that was issued by the municipality of La Trinidad in the exercise of its police power," stated in the ruling addressing issuance of temporary restraining order and writ of preliminary injunction prior to the closure order of chicken dung operations issued against officials of La Trinidad.
To recall Beatriz Timog, Rose Maliones and Arnel Lagadeo filed a civil case of annulment last June 11 of the closure order No. 01 s. 2018 issued by the Office of the Mayor of La Trinidad with prayer for issuance of TRO and Injunction.
Plaintiffs said the issuance of the closure order is in violation of equal protection clause of the constitution as they were being singled out considering the local government for several years did not question operation of Melecio Orig engaged in trading, selling and disposing chicken dung.
In addition, the closure order issued by Mayor Romeo Salda is unconstitutional since it affects a private property and owner of the lot depriving right of the said property.
Camacho explained there was failure on the part of the plaintiffs to establish a clear and unmistakable right to be protected and that the issuance of TRO and Injunction is denied for lack of merit.
On June 19, a hearing was set prior to the TRO and Injunction case, among the issues that arose is whether or not the temporary storage and parking of trucks containing the chicken dung in the subject area is prohibited where both parties agreed to address through their position papers.
La Trinidad submitted their position however the plaintiffs have not submitted their position to the date of the judge ruling.
"Although the Plaintiffs have a right to utilize the subject lots being the owner and lessees, the existence of the Administrative Order No. 008 s. 2010 has to be taken into consideration," the judge explained.
Camacho added the primary objective in the issuance of the Administrative Order No. 008 s. 2010 is for the protection of the health of the residents whether the lot is for parking or for mere transfer to another truck, the same is still covered by the AO as the odor of the chicken dung stays in the air and is breathed in by the residents.
