Court cuts extension of Apas demolition

CEBU, Philippines - Bad news to the 102 residents of Four Roses Homeowners Association in Barangay Apas, Cebu City.

Instead of the six months extension earlier granted by Regional Trial Court Branch 9 Judge Olegario Sarmiento, Jr. to their stay in the lot which the court declared as owned by Mariano Godinez, they now only have one month more.

In a decision dated April 15, 2011, Sarmiento is giving the residents until May 15 to vacate the Godinez-owned lot they are occupying.

Otherwise, the Sheriff’s Office will implement the writ of demolition.

“The March 30, 2011 order is partially reconsidered in effect giving the defendants only one month extension from today within which to voluntarily vacate the subject premises,” the order reads.

Sarmiento believes it would be injustice done to the private property owner if the illegal settlers are allowed to stay six months more. However, he said the owner will not begrudge the extension of one month that he has granted.

The judge says an additional one month should be enough time for the residents. It’s been several months since the settlers promised to “willingly and voluntarily” vacate the premises.

In Sarmiento’s previous order dated March 30, 2011, he granted Cebu City Mayor Michael Rama’s request for another six months extension. It was the second extension given by the court to the 102 homeowners affected by the impending demolition. Sarmiento gave the residents another six months for humanitarian reason.

Rama had asked the court last March 29 to defer the scheduled demolition to allow the affected families to consider their options and to give them ample time to look for relocation sites.

But Godinez filed a “very urgent motion to recall the decision” issued last March 30. — (FREEMAN)