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Court stops dismantling of billboard on Quezon City lot

October 13, 2006 2:43pm
A Quezon City judge ordered Friday Public Works Secretary Hermogenes Ebdane to stop the dismantling of a billboard installed on a property of the Social Security System (SSS) in Quezon City.

QC Regional Trial Court Branch 83 Judge Ralph Lee issued the order after granting the issuance of a temporary restraining order (TRO) sought by the DDBS Advertising Unlimited.

Lee told GMANews.TV that he issued the TRO after the DPWH and the solicitor general failed to prove in court that the 80x60 feet billboard of the petitioner, erected on a 45-square meter portion of the SSS property beside the MRT Kamias station, was hazardous.

"The DPH failed to report that there was deficiency in the construction of the billboard," Lee said.

The DDBS Advertising Unlimited, represented by its president Darwin Hortel, sought for a TRO after two DPWH employees - Reynaldo Tagudando and Ramon Devanadera - led the dismantling of its billboard On October 9.

The petitioner claimed that before typhoon "Milenyo" hit Metro Manila on September 28, they executed a contract with Coca-Cola Philippines, Inc. for the lease of said billboard in Site 3 of the property.

The Coca-Cola’s advertisement was scheduled to be displayed on October 1.

But before the putting up of the Coca-cola advertisement, typhoon "Milenyo" hit Metro Manila, which caused the toppling of several billboards in the metropolis.

The petitioner, however, claimed that none of their billboards were damaged, much more, caused injuries to anyone.

On October 9, the respondents started to dismantle the petitioner’s billboard on the alleged ground that it was installed on a government property.

The petitioner stressed that the respondents has no legal basis or order from any court in dismantling their billboard.

Considering that difficulty in putting down the billboard in so short a time and with a limited number of personnel, respondents were not able to finish the dismantling but vowed to return the following day, October 10, to finish the task.

"Respondents’ acts in dismantling the billboard in Site 3 of the subject property, violated petitioner’s constitutional rights to property and the non-impairment clause – and which will continue to be violated, if not enjoined by the Honorable Court," the petitioner said.

The advertising firm also asked the court to order the respondents to pay the amount of P1,008,000.00 for loss of business opportunity; P500,000 for exemplary damages; P300,000 for actual damages and P300,000 for attorney’s fees. - GMANews.TV