CEBU, Philippines - The Court of Appeals has dismissed the petition for certiorari, prohibition and mandamus filed by the 168 families in Barangay Apas to prevent the Regional Trial Court from enforcing a demolition order against them.
The 18th division of the CA based in Cebu City junked the petition filed by the members of the Archangels Residents Mergence Inc. (ARMI) against RTC Judge Olegario Sarmiento, retired court sheriff Antonio Bellones and lot owner Mariano Godinez for lack of merit.
Associate justice Myra Garcia-Fernandez likewise lifted an earlier preliminary injunction that stopped the demolition.
The appellate court ruled that the homeowners failed to present evidence that they own the lots they presently occupied.
The lifting of the injunction order opens the way for the possible demolition anytime soon. The residents refused to vacate the lot saying they have been occupying it since 1960s. (FREEMAN)