Appellate court takes cognizance of Apas case

CEBU, Philippines - The Court of Appeals has taken cognizance over the impending demolition of 168 families in sitio San Miguel, Barangay Apas, Cebu City after the homeowners asked for a restraining order.

In a three-page order signed by Associate Justice Myra V. Garcia-Fernandez, concurred by two other associate justices, Portia Alino Hormachuelos and Nina G. Antonio-Valenzuela, the appellate court has set the case for hearing on May 24.

The affected residents, through their counsel Benjamin Militar, filed an urgent motion asking for a TRO and a writ of preliminary injunction against Regional Trial Court Judge Olegario Sarmiento.

Members of Archangels Residents Mergence Incorporated are seeking the nullification of the writ of demolition ordered by Sarmiento on January 3.

According to them, Sarmiento did not acquire jurisdiction to include the 168 members of ARMI in the case. They claimed that the demolition order was supposedly intended for the officials of the PNP and AFP who were the original subject of the eviction case filed by the lot owner Mariano Godinez.

The Court of Appeals ordered all the parties to hold in abeyance all actions “until the subject of the prayer for temporary restraining order and/or preliminary injunction shall have been heard and resolved by this court.”

The demolition order was supposed to be implemented last Monday but Sarmiento granted the residents another 30 days extension to relocate themselves. — (FREEMAN)