CA stops demolition of houses of Apas residents

CEBU, Philippines - The Court of Appeals has cancelled the implementation of a writ of demolition against members of the Archangels Residents Mergence Incorporated (ARMI), formerly the Four Roses Homeowners Association, in Barangay Apas.

In a five-page resolution, Associate Justice Myra Garcia-Fernandez said the ruling was rendered “in line with the spirit of justice, impartiality and fair play” and to prevent the possibility of rendering the case moot and academic.

The appellate court issued a writ of preliminary injunction to stop the demolition stipulated in three orders dated January 3, 2011, July 12, 2010 and July 29, 2010 issued by Regional Trial Court Judge Olegario Sarmiento.

The members of RAMI sought refuge with the Court of Appeals after the RTC denied their motion for reconsideration on the demolition order.

With the issuance of the writ of preliminary injunction, Fernandez said Sarmiento and Mariano Godinez, owner of the subject lot, cannot demolish the houses of the ARMI members until the appellate court resolves the appeal.

Fernandez said the injunction is a preservative remedy to protect the complainant’s substantive rights and interests during the pendency of the principal action and the preliminary injunction.

“Whether the judgment can be executed against petitioners will still have to be studied and resolved on the merits as one of the issues raised before this Court,” the resolution reads.

The Court of Appeals, however, ordered the ARMI members to post a P250,000 “which shall answer any and all damages which respondents may suffer or sustain by reason of the issuance of the writ of preliminary injunction, should this Court finally decide the petitioners are not entitled thereto.”

ARMI members attached to their petition a copy of Ordinance 1772, approved on June 30, 1999, which declared that the association is covered by the Socialized Housing Program of the city government.

The RTC earlier declared Godinez as owner of lot number 934 occupied by the ARMI members. ARMI is composed of 102 residents. — (FREEMAN)