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By LITO RULONA
Correspondent

THE 41st branch of the Regional Trial Court here has denied the petition for a temporary restraining order (TRO) sought by residents of San Miguel Village in Barangay Lapasan against Mindanao Health Care Corp..

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The residents wanted the order to stop the firm’s earth-moving operations in the area because  a road that leads to their community was affected.

But Judge Jeoffre Acebido, in a two-page decision, said the court was not convinced that there was a need for a TRO because under Section 3, Rule 58 of the Revised Penal Code, grounds for the issuance may be granted only when it is established that the applicant is entitled to relief.

“The court believes that the San Miguel Village in Barangay Lapasan has no right neither have the authority to demand such relief for lack of legal and factual basis under Section 3 of Rule 58 of the Revised Penal Code,” reads part of Acebido’s ruling. “It is considered view of the court that the complainants miserably failed to establish the necessity of the issuance of the TRO.”

The firm’s legal officer Kenneth Tamala said the court order only shows that Mindanao Health Care has the right to its own land.

“Under rule of law, the owner has the right to use its own property. The MHC is the lawful owner of the land, and the government recognizes its right,” Tamala said.

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