Capitol demolished his structure last April 16 to make way for a preservation project for the falls.
Saldua sought a TRO from Barili Regional Trial Court Judge Leopoldo Cañete, which gave the Provincial Government 15 days to submit its reply.
Martinquilla said that since Capitol has already demolished the entire structure, there’s nothing more to restrain them for.
Capitol said the structures near the falls are blocking the natural flow of the water. One of these structures was Saldua’s picnic area.
Saldua, however, also asked to be compensated for damages.
Martinquilla is preparing two complaints against Saldua. One is for alleged unauthorized obstruction of river and waterways.
He cited provisions of the Water Code of the Philippines, or Presidential Decree 1067, in the complaint.
The penalty is a fine not exceeding P6,000 and an imprisonment not exceeding six years, or both.
Persons who are guilty of this violation include those who obstruct the flow of a river or waterway and those who occupy a riverbank or seashore without permission.
Article 51 of the same law requires easement along the sea, lakes, rivers and streams.
Led by Gov. Gwen Garcia, Capitol workers demolished 44 houses and structures built along the banks in Kawasan Falls.
The structures also had no permit.
Published in the Sun.Star Cebu newspaper on April 25, 2012.