THE Archdiocese of Cebu faces a civil case filed by a couple who claimed they were kept from using a road right-of-way adjacent to their property.
“We have discussed their case at the admin board. The board recommended to me not to grant their claim,” said Cebu Archbishop Jose Palma in a text message.
He referred to the petition filed by Michael and Adora Casey for a preliminary mandatory injunction and/or temporary restraining order against the Catholic Church in Cebu, which Palma represents as archbishop.
“They have reason to believe we are wrong. They brought the matter to the court,” Palma said. “Let the court decide the merit of their case. That’s OK with me.”
The Casey couple has requested a continuous passage from the main gate of the church plaza of the Holy Cross Parish in Basak, Cebu City to their residence.
But the Board of Consultors, composed of church officials representing the Catholic Church hierarchy and the priests and laity in the parishes, “unanimously decided” to deny the couple’s request.
The couple was informed of the decision through a letter dated Oct. 21, 2011 by Archdiocese of Cebu legal consultant Juanita Montesclarus.
She said the decision was reached “after it was found out that such privilege can be abused, as evidenced by the complaints against you. This matter even reached the court of justice, and you were ordered by the court to stop the said obstruction.”
“The church plaza is the property of the Roman Catholic Church of Cebu, hence the church has the right to determine and control the use of the same,” she added.
The same board denied the request of the couple and residents of Sitio Laguna, located behind the Holy Cross parish, for the “widening, leveling and paving of the road connecting the highway to Sitio Laguna.”
Montesclarus added that three board members inspected the existing road right-of-way leading to Sitio Laguna.
“They found out that the road right-of-way is wide enough as a footpath,” she said.
The road, about a meter wide, was designed to discourage motorcycles from passing because of the noise these produce that disturbs masses and other church services.
“Contrary to the claims of the residents of Sitio Laguna, the road is safe even for senior citizens to pass. It is made of concrete materials and the steps are well paved, hence there is no need to widen and improve the same,” Montesclarus added.
