CEBU, Philippines - The occupants of Lot 937 in Sitio San Miguel, Barangay Apas, have been dealt another blow following Regional Trial Court Branch 10 Judge Soliver Peras’ refusal to act on the Office of the Solicitor General’s motion to set aside the demolition.
This after the Court of Appeals denied their motion for reconsideration of the ruling dismissing the residents’ petition to nullify and set aside the writ of demolition.
Earlier, the occupants through lawyer Benjamin Militar asked the CA to reconsider its ruling.
Associate Justice Myra Garcia-Fernandez ruled the occupants failed to present proof that they have the legal right to the property.
However, Militar told The FREEMAN he will raise the issue to the Supreme Court.
He said they have 15 days to appeal the dismissal of their petition before the SC.
He is also positive that the scheduled demolition tomorrow, May 7, will be postponed as there are pending motions to be resolved before the court.
Previous ruling of CA
Earlier, Fernandez ordered the settlers together with the PNP-Regional Training School to vacate Lot 937 after their petition for certiorari was dismissed. She likewise affirmed the ownership of Mariano Godinez of the lot.
The property used to be owned by the government and Godinez filed a civil case to reclaim the said property in 1997.
Cleared from charges were RTC Judge Olegario Sarmiento, retired court sheriff Antonio Bellones and lot owner Mariano Godinez.
Appeal
The residents of Lot 937 organized themselves into the Archangels Residents Mergence Inc. (ARMI) and appealed the case before the CA saying the court made a mistake in the issuance of the writ of demolition.
The residents refused to vacate the lot claiming they have occupied it since the 1960s. They added the lot has been identified as a socialized housing site by the Cebu City government through Resolution 99-4771 dated January 30, 1999.
New copy
Militar also said the Office of the Solicitor General mailed another copy of the urgent motion to stay execution of writ of demolition to the court after Peras said he did not receive it.
He said the court will probably receive it tomorrow.
The Office of the Solicitor General intervened in the case saying the residents found new evidence to prove the state owned the lot and not Godinez.
Meanwhile, Apas barangay captain Ramil Ayuman reminded his constituents he is still the one in charge of the barangay, this after he was not invited to meetings between his constituents and Cebu City south district Rep. Tomas Osmeña.
“Ako lang sila giingnan na ayaw lang palabi og tutok anang mga politiko kay at the end of the day, magpabilin ko na kapitan diha, ug magpabilin ta na taga-Apas,” he said.
Ayuman also said the affected residents should also not forget that he was the one who organized their association and endorsed the problem to Osmeña when the latter was still the mayor.
Nevertheless, he said he is not bothered by this and continues to support his constituents.
“Problema man gud ‘ron kay human na ang council mi-support ni Mayor (Michael) Rama, wala na sila’y salig nato. Pero kung para nila makatabang si Tommy, okay ra, permanente man ta naa diri,” the barangay captain said. —/BRP (FREEMAN)