CEBU, Philippines - Residents of Sitio San Miguel, Barangay Apas, whose houses are up for demolition, will get at least three days reprieve.
This as no writ of demolition will be implemented by Sheriff Elcid Caballes, after the court ordered the police officials to file their comment on the urgent ex-parte motion for police assistance filed before the court.
Judge Soliver Peras of the Regional Trial Court Branch 10 directed Sr. Supt. Melvin Ramon Buenafe, director of the Cebu City Police Office (CCPO) and Chief Supt. Marcelo Garbo, director of the Police Regional Office (PRO)-7 to file their comment within three days.
Peras likewise, ruled to “note without action” on the urgent motion to stay execution of writ of demolition filed by the Solicitor General for the absence of proof of copies of said pleading furnished to lawyers Roberto Palmares and Benjamin Militar.
The court received the official copy of the urgent-motion yesterday after the case was heard in the morning.
Palmares is the counsel of petitioner Mariano Godinez while Militar is the counsel of the defendant settlers (168 families) of Lot 937 in Sitio San Miguel, Barangay Apas, Cebu City.
The demolition set yesterday was postponed and the court has not yet set a date when it will be held.
Godinez went to court to seek help in clearing the property that has been declared as his.
Hearing
In the absence of both parties, Peras ruled on the two urgent motions filed before the court — urgent motion to stay execution of writ of demolition filed by the Solgen and urgent ex-parte motion for police assistance to court sheriff to implement the writ of demolition filed by Caballes.
Peras in an open court ruling granted the motion filed by Caballes finding sufficient grounds that there is a need for police assistance during the implementation of the writ. Peras, however, changed his earlier ruling in the afternoon and instead directed police officials to file their comment within three days. After the submission, this will be subject for resolution.
Likewise, in an open court ruling, Peras cited that the parties should bring the issue to the Court of Appeals or before Supreme Court and not Regional Trial Court.
‘Injustice’
Militar told the media the court did not notify them of the scheduled hearing, yesterday.
“We are supposed to be notified about the hearing.”
He said in fact, Peras, in his previous order, stated he will not act unless he received the copy of the urgent motion of the Solicitor General. He added they requested the Solicitor General to send back a copy addressed to the court which was expected to be received yesterday.
Militar said if the court will implement the writ of demolition then they should “expect to have bad results.”
“We hope it will not be like of what happened in Parañaque, we hope the judge would have appreciated it considering that they are not squatters, they have been allowed to build houses and what he said they were builders in good faith,” he said.
He added the court never gave them a chance to be heard.
“In the entire proceedings of this trial we have never been given a chance to participate,” he said.
In fact he questioned the due process.
“Where is due process here…even the judge should know that…he’s supposed to and supposed to be a judge not only of court of law but of equity…where is fairness, where is reasonableness, where is lack of arbitrariness,” he said.
Militar said what Peras did was “very grave injustice.”
“We feel grabe kay iyang gibuhat and he is living with the help of these people. They endorsed nga anha siya mopuyo diha we feel nga he has done a very grave injustice here,” he said.
He added he only learned that his clients were affected of the demolition after a writ of demolition was issued against them.
Retired army soldier and Barangay Apas councilman Joel Trompeta said they will resist the writ of demolition claiming they own the lot as it was given to them by the government.
He said they have the documents to prove that the lot belongs to the state and not Godinez.
Police assistance
Before the implementation of the writ, Caballes said he will coordinate first with the police to secure the demolition team.
He added he is just doing his job. “If I will not follow the mandate of the court then I will be held liable for administrative case.”
Set aside politics
Apas barangay Captain Ramil Ayuman appealed to both the Cebu City Government and the counsel of the residents to unite their efforts to improve the chance of legal victory for the affected residents.
“Mas maayo unta na ilang i-combine ang ilahang brilliant ideas para ma-usa na lang ang efforts. Mohangyo ta nila na i-set aside ang politics,” (It would be better if they combine their brilliant ideas so that there would be a concerted effort. I appeal to them to set aside politics) Ayuman said.
The lawyer representing the residents, Atty. Benjamin Militar, is identified as a Bando-Osmeña Pundok Kauswagan (BOPK) lawyer.
He was however hired by the residents at the beginning of the case not because of his affiliation with BOPK, which the residents said they were not aware about during the time.
Apparently, some are of the belief that Militar is representing and assisting the residents in their legal battle for BOPK.
As a result apparently, the resolution of the case of Apas residents has become a competition between the two camps.
Ayuman said, “Katag man gud kaayo ang efforts nila karon. So mas maayo gyud na mag-hiusa silang duha sa pagtabang sa mga residente,” (The efforts are confusing. It would be best that they unite to help the residents).
Division for the Welfare of the Urban Poor chief and lawyer Collin Rosell said that they have until tomorrow to reply to the opposition filed by the counsel of Mariano Godinez against their Motion for Reconsideration.
Rosell said that he hopes that the Sheriff will hold off the demolition until their pending motion is resolved.
Rosell said the city welcomes the idea of working closely with the counsel of the residents. — with Jessica Ann R. Pareja and Ryan Christopher J. Sorote/NLQ (FREEMAN)