Politicians rush to residents' aid

CEBU, Philippines - Cebu City Mayor Michael Rama and South District Rep. Tomas Osmeña rarely agree on matters after their political split, but when it came to the fate of the more than 200 families in Barangay Apas, the two rushed to the rescue.

The scheduled demolition of the houses of the affected families in Sitio San Miguel did not push through yesterday. 

Aside from Rama and Osmeña, several other city officials as well as former North District Rep. Raul del Mar also rushed to the site.

Rama and Osmeña are expected to fight it out for the mayoralty in next year’s elections after the two had a falling apart. 

Rama was booted out from the Bando Osmeña Pundok Kauswagan (BOPK), which holds control of the city council.

At noontime, Rama announced that there was no demolition that was going to take place yesterday as the court decided to suspend the earlier order for six hours.

Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 asked for six hours to render his decision whether or not to push through the implementation of the writ of demolition.

While this announcement was greeted by cheers, reality also immediately dawned upon the people, who would be affected. The demolition would not push through as the law does not allow such to be done at night.

“Di gyud na namo ikalipay. Kulba gihapon. Mura’g nakaginhawa lang mi gamay. The same scenario ra gihapon ugma – ang mga tiguwang makulbaan, ang mga bata di kaduwa,” (We should not be happy. It will still be tense. It would be like we could breathe a little as tomorrow it will be the same scenario – the old would be worried and the kids cannot play) said Anne Jareiyn Martel, one of the officers of the Archangels Residence Mergence, Incorporated (ARMI).

ARMI President Ignacio Labro said that he was happy, but not at all satisfied with the turnout yesterday since it was only a brief rest for all of them. Today, their fight continues as the six-hour extension has already expired.

Some residents said that the six-hour extension was not enough to assure them of sound sleep last night.

“Ang gusto unta namo nga permanent na gyud ang desisyon sa korte nga dili na gyud mi hilabtan diri sa among dapit,” (what we want is that for the court order to be permanent so that they could not touch us anymore) Labro said.

There are 168 registered members of ARMI, but over 200 families are set to lose their homes if the demolition pushes through. Martel said that like what they did for the past four nights, they will continue holding prayer vigils at the site.

Some residents blamed the city government for not intervening on the case earlier, which they said could have prevented things to come to the point when their houses were so close to being demolished.

Security

Apas barangay Captain Ramil Ayuman said that the barangay will continue to secure the area since they expect the other party to the case to do its best to make sure the demolition will proceed.

“We will expect that since they have already spent much for this,” Ayuman said.

He said he is thankful that many are helping the residents.

“Pasalamat ta nga daghang nitabang. Daghang politiko ang nangabot,” (we should be thankful that many are helping. There are many politicians who came) Ayuman said.

Due process

Ayuman said that the residents deserve to be given due process.

Martel said they need to be granted a status quo because they need the time to be heard by the court. She said the court decided against them without even giving them the chance to be heard.

These families whose houses are due for demolition have been living there for decades. Some have been there for 50 years. Martel’s family has been living in the area for over 40 years now.

Going to the CA

At 4:30 p.m. yesterday, Rama, councilor Edgardo Labella and Division for the Welfare of the Urban Poor Chief Collin Rosell went to the Court of Appeals to deliver their letter of request to Associate Justice of the Special former 18th Division of the CA Myra V. Garcia-Fernandez for a six-month extension for the residents.

In his letter, Rama told the higher court for the issuance of a Status Quo Order or Restraining Order in the case in order to preserve and protect the interest of the parties involved.

Rama said the case has a pending motion in court that must be resolved first.

“It is submitted that plenary resolution of this case must be made first before any act or threat of demolition will be implemented as the Honorable Court might not be able to reverse the adverse effect of the harsh procedure and most especially that this case affects homeless and underprivileged families which is a sector protected by law,” the letter reads.

Rama also appealed that if the court should decide with finality on the case in favor of the private owner, the local government unit must be given ample time to provide relocation site to qualified beneficiaries.

“The Cebu City Government exerts its best to accommodate them to our Socialized Housing Program… Hence, the City Government of Cebu through this representation humbly and sincerely appeal to this Honorable Court of Appeals to defer the scheduled implementation of the writ of demolition directed against the association and give us ample time or within a period of six months from the approval of this request to prepare their orderly transfer to a decent relocation site that we will provide to them,” Rama said.

Rama said that at the moment, the city lacks relocation site for all poor and homeless city constituents. He said that while the city needs more than two years to prepare the relocation site for these people, they will do their best within six months.

Rosell however said that if given the six-month extension, they will explore other legal remedies to recover the lot from the private claimant since the residents were able to uncover evidence that the property originally belongs to the national government.

Rosell said they can only write the CA a letter of request because they cannot easily intervene as the city government could not establish interest to the case. The case is a legal battle between the residents and a private owner.

Lawyers

Lawyer Roberto Palmares, counsel of the lot owner Mariano Godinez, said that although they do not agree to the suspension, they would prefer to abide by the court decision.

ARMI’s counsel Benjamin Militar asked the court for status quo for compassion, but Peras said he cannot issue the same as the Court of Appeals (CA) has the proper jurisdiction over the case.

The questioned 4.6-hectare parcel of land designated as Lot 937 is owned by Godinez. He filed a civil case to reclaim for the said property since 1997.

Palmares in his arguments emphasized that the case has long been final and executory.

“The CA cited the case is final and executory after settlers’ petition for certiorari was dismissed for lack of merit.”

Palmares said the RTC cannot interfere the proceeding of the CA for lack of jurisdiction.

 “The resolution has become final and executory though there was a pending motion for reconsideration before the CA it cannot stop the implementation of the writ of demolition,” he said.

He emphasized the occupants cannot file remedy in one court and another as it was a form of forum shopping. He added the only remedy is to file petition for certiorari.

Earlier, Associate Justice Myra Garcia-Fernandez ordered the settlers together with the two government institutions to vacate from the said property after the dismissal of the petition. — with Mylen P. Manto, and Micca Dinoy and Hector Paolo Diango, UP /NLQ