Groups ask court to stop Carbon Market rehab

Published August 25, 2021, 10:00 PM

by Calvin Cordova 

CEBU CITY – Various cause-oriented groups have asked the court to stop the redevelopment project of the Carbon Market.

An alliance of Carbon market vendors, residents, stakeholders and supports on Wednesday filed a petition before Regional Trial Court to nullify the joint venture agreement (JVA) between the Megawide Construction Corp. and the Cebu City government.

The groups are seeking a temporary restraining order and/or Writ of Preliminary Injunction and Mandamus as they described the JVA as “illegal, invalid and void” and contains provisions that are “arbitrary, oppressive, unfair, prohibitive, unreasonable and repugnant to the general welfare, public policy, and good customs.”

The groups also believed that the JVA violates public policies on housing and urban land reform, conservation of cultural sites, and cooperative movement.

Lawyer Edmund Lao, lead counsel of the alliance, said they suspected that what was forged was not a JVA but a build, operate transfer agreement.

“We believe this is a build operate transfer. Why? The private proponent was the one who will build and operate. Only the wet market portion of Carbon will be operated by the City Hall. So in general, the one who will operate is the Megawide which is not the description of a JVA,” Lao said in a virtual press conference Wednesday.

Lao said it was to the group that the JVA signed by Mayor Edgardo Labella and Megawide was defective.

Lao said they are confident that they have a strong case due to the numerous lapses committed by the two parties.

“We are confident because the defects that we saw are very obvious and clear,” said Lao.

Phase 1 of the P5.5 billion project has already started.