Lot owner asks court: "Push through with demolition"

CEBU, Philippines - The lawful owner of lot number 937 where the Four Roses Homeowners Association is situated asked the court to set aside its recent ruling.

Mariano Godinez asked the court that the order dated May 13, 2011 be set aside immediately and the writ of demolition be enforced without further delay.

The supposed demolition last May 15, 2011 was postponed after Cebu City Mayor Michael Rama asked the court to move the schedule, for humanitarian reasons, which the court granted.

Judge Olegario Sarmiento gave an additional one month for the102 residents of Four Roses Homeowners Association to voluntarily vacate the place.

Godinez, through his lawyer Roberto Palmares, filed the very urgent motion to recall the order dated May 13, 2011.

Godinez cited the several extensions the court previously granted.

The court, in an order issued last March 30, gave the occupants until May 15 to move out.

Moreover, Godinez claimed that the court’s order giving another extension was “invalid” since the lower court no longer has jurisdiction over the case.

This was because of the petition for certiorari the occupants filed before the Court of Appeals (CA), he explained in his motion.

Godinez said the grant of another extension was “arrogation of power unto itself which only the Court of Appeals has.”

Only the CA can grant an order of extension, stressed Godinez. – (FREEMAN)