Residents hesitant to accept extension

CEBU, Philippines - Residents of Sitio San Miguel in Barangay Apas, Cebu City are hesitant to accept the six months extension offered by the lawyer of Mariano Godinez, claimant of the 4.7-hectare property occupied by them, before implementing the demolition order.

The reluctance is brought by the fact that they have to sign an agreement that they will voluntarily vacate the property after the period agreed.

Atty. Roberto Palmares offered to give the members of the Archangels Residents Mergence Incorporated (ARMI) six months extension for them to find a relocation site before implementing the writ of demolition issued by the court provided that the residents will agree to vacate the property voluntarily.

ARMI secretary Ann Serena Martel said they have not discussed the proposal with their lawyer yet. Martel said they still have to consult their lawyer, Benjamin Militar, about it. 

“Dili mi mo-vacate. Naa mi’y mga documents so unta hatagan mi una ug due process.” (We will not vacate the area. We have documents, we hope they will give us due process first), Martel said.

Martel said the city government through the Division for the Welfare of the Urban Poor (DWUP) promised to give them assistance. Although it was not properly presented to them yet.

Martel admitted that some of their members are already very aggressive.

“Naay uban niingon na ug gyerahon na lang ni. Pero amoa silang gipakalma (there are some who already wanted extra legal means but we managed to calm them down),” Martel said.

She said that ARMI members agreed that they would only make legal actions in addressing the crisis they have.

Martel said that they would not let any member of ARMI do unnecessary moves against Godinez.

On Monday, affected residents would attend a seminar on Socialized Housing Program organized by DWUP to give them housing assistance.

DWUP chief Collin Rosell said that they will have to argue in court first thing in the morning Monday that the 45-day period for the LGU to prepare for a relocation site has not commenced yet.

Rosell said that he has traced the records way back in 2008 and found out that the decision on the case of Apas residents against the claimant did not reach the city hall.

Rosell said that for the 45-day period to commence, the order must be served to the city, which he said did not happen.

The case of the Apas residents only reached the Mayor when the residents asked for help to hold off the writ of demolition in August 2010.

Rosell said that the residents need to buy some time if they want to continue to fight their case over.

But he said the city cannot ask the court to grant the residents additional six-month extension if it is prejudicial to their interest.

The city government has no relocation site ready for the over 200 residents whose houses are due for demolition.

Last Friday, Regional Trial Court Judge Soliver Peras of Branch 10 lifted his previous order suspending the execution of the writ of demolition because he sees no legal impediment to it.

This means the residents may be demolished anytime but the legal counsel of Godinez has a standing offer to allow the residents to stay for six months but they will have to promise in a formal agreement that they will vacate the area.  (FREEMAN)