Eviction of 38 Apas families shelved

CEBU, Philippines - Thirty eight families in Middle Nivel in Barangay Apas, Cebu City welcomed the move of the Cebu Regional Trial Court to suspend the eviction order filed by the Central Command (Centcom).

Elbong Baquio, president of Busay Road Middle Nivel Homeowners Association, told The FREEMAN that RTC Judge Olegario Sarmiento suspended the notice to vacate after the Central Bank of the Philippines also claimed the lot being occupied by 38 families.

“At least ron makatarong nami ug pahuway kay daghan gyud sa atong  mga membro malibog tungod sa claim pud sa Centcom nga unta naghinay-hinay naman mi ug bayad sa sentral bank,” Baquio said. (Now we can rest our minds. We really wondered about the Centcom’s claim, when we have already started giving payments to the Central Bank.)

Baquio said that Cebu City South District Representative Tomas Osmeña has helped them contact the Central Bank officials so they could intervene in the recovery of lots case filed by Centcom against the 38 families.

Baquio added that the suspension of hearing came after Judge Sarmiento prepares for his retirement. The executive judge of the Cebu Regional Trial Court is preparing for an order on who will replace Judge Sarmiento to try the case.

“It’s good thing the Central Bank intervened by filing a motion because it is the rightful owner and indispensable party, and not the Centcom,” Baquio said.

The officers of the homeowners’ association have been collecting payments from its members for the 10-percent down payment. A total of P1.7 million has been collected while the Central Bank Assets Management Division has estimated the lot to be worth P36 million.

At least 38 families in Middle Nivel are facing eviction after the trial court ordered them to vacate the property, which is a portion of Centcom of the Armed Forces of the Philippines. In the writ of execution dated January 25, 2011, the lower court ordered the sheriff to serve the notice for the residents to voluntarily vacate the property.

The total lot area of Lot 1191 is over 4,000 square meters situated at the back of the Marco Polo Hotel.

It was then Gen. Jose Lapus, the commanding general of the Visayas Command, who filed for the recovery of possession of Lot 1191 in 1996, stating that the Armed Forces of the Philippines acquired it through expropriation proceedings last October 19, 1938.  (FREEMAN)