No Apas demolition yet, case set for oral argument

CEBU, Philippines - The 168 families facing eviction in Sitio San Miguel, Barangay Apas were given temporary reprieve after the Regional Trial Court issued yesterday an order to hold in abeyance the implementation of the demolition order until the residents' application for the issuance of a temporary restraining order is resolved.

RTC Branch 10 Judge Soliver Peras has directed court sheriff Elcid Caballes to suspend the writ of demolition issued against the members of the Archangels Residents Mergence Inc. (ARMI) until he resolves the petition for TRO.

"The parties are directed to submit their memorandum of authorities within two days from today and thereafter the motion and the supplemental motion, the comment and the supplemental/comment memorandum, in support of their respective positions will be deemed submitted for resolution," Peras' order reads.

Peras said there were "compelling issues" raised by the defendants and the City of Cebu that needs to be addressed first before the enforcement of the writ. Among the issues raised is the compliance of the Republic Act 7279 or the Urban Development and Housing Act (UDHA) which requires a relocation site for affected residents.

Lawyer Benjamin Militar who represents the affected residents said they are happy of the court's decision.

"We were really appreciative that Judge Peras considered the case," he said.

Lawyer Roberto Palmares, who represents the lot owner Mariano Godinez, questioned the court's order. Palmares said Peras has no authority to stay the execution of the writ because it is the Court of Appeals which has jurisdiction over it.

He vowed to seek the appellate court's guidance over the said legal issue.

Peras, in his two-page order, has scheduled the case for oral argument on Thursday, April 19. He directed the parties to present their arguments on whether or not the R.A. 7279 is a must before the enforcement of the writ.

The city government, through its counsel, manifested in court that UDHA should be complied before any demolition could be carried out. The court has ordered the city government to present evidence that the 4.6- hectare property subject of the case has been declared under Urban Land Reform and whether or not a relocation site has already been identified.

Division for the Welfare of the Urban Poor chief Collin Rosell said they will comply with the order of the court to prepare the relocation site for the affected residents. The city's primary goal however is to help the residents own the lot they currently occupy.

Rosell said that he will push for the implementation of the ordinance that listed lot 937 as a socialized housing site.

He said that there were ordinances passed in 1997, 1998 and 2000 that listed several areas within the city as socialized housing sites. Many of these areas are now subjects of demolition and eviction cases.

Rosell said that had these ordinances been implemented in the past, the residents and the city government would not have been faced with the kind of problem that is now faced by the residents of Sitio San Miguel in Apas.

"The ordinance declared the lot (lot 937) as a socialized housing site. It should have been acquired long time ago. But since nobody implemented the ordinance before, we will try our best to do it now," Rosell said.

He said he will ask the council to implement the ordinances it passed about two decades ago.

To acquire all these lots that were declared as socialized housing sites would need a budget which needs approval from the council.

Rosell assured the residents that aside from lot acquisition through buying the property from the claimant, they are also exploring other legal remedies to give them security of tenure in the very lot they are occupying right now.

"As the head of DWUP, I have to use the power of the government to protect the interest of these people," he said. – (FREEMAN)