The Compania Maritima building. CDN Digital drone photo | Raul Tabanao
The court also enjoined the city government from occupying the entire and any portion of the Compania Maritima Area and from “performing thereon any construction works and all kinds of activities,” interfering with the Republic’s rights and the CPA’s statutory right to “manage, administer, operate, maintain, improve, and develop the entire base port of Cebu.
The court furthered that there is an urgent necessity for the issuance of the injunctive writ, and the adequacy of the remedy prayed for. “While Republic Act 3857 grants corporate powers and administrative powers to the City of Cebu, including the administration and management of ports, this ceased to be so, upon the creation of the Philippine Ports Authority in 1974,” the court ruled.
“The infrastructures or improvements introduced by the City of Cebu within the contested premises constitute material invasion, as this deprives the Cebu Port Authority not only of the physical possession of the property but also binders to exercise of any acts of administration within the same,” the court said.