The hearing for the TRO was scheduled yesterday but the Barili RTC Judge Leopoldo Cañete was on leave after his wife passed away.
Saldua is one of the owners of businesses in the Kawasan Falls that built structures within the 20-meter easement of falls in Badian, Cebu.
Saldua claims to hold a land title in the area giving him the right build the structures.
In an interview yesterday, Capitol Provincial Attorney Marino Martinquilla said the TRO could not take effect because it is already “moot and academic” as the demolition of the structures were already done last week.
Capitol received a copy of the case filed by Saldua last Friday.
Saldua hoped the demolition of the structures would stop and asked for damages from the Cebu provincial government.
Martinquilla said they will reply within the week and will file a criminal complaint against Saldua for obstruction of waterway and water easement in the Kawasan Falls as well.
The Kawasan Falls has been closed to tourist for a week after Gov. Gwendolyn Garcia issued an executive order to demolish the structures inside the tourist attraction.
The order came after the April 15 deadline on the demolition of the illegal structures that obstruct the view of the Kawasan Falls. /Correspondent Carmel Loise Matus