Apas demolition Lawyer asks Peras to stay

CEBU, Philippines - After revisiting the case, lawyer Roberto Palmares plans to file a motion for reconsideration for the voluntary inhibition of Judge Soliver Peras, who used to handle the civil case filed by Mariano Godinez against the City of Cebu to reclaim the 4.6 hectare lot in Sitio San Miguel, Barangay Apas, Cebu City.

The inhibition of Peras has brought a sigh of relief, although temporary, among residents because it has cancelled the demolition of houses supposedly scheduled today.

Due to personal reasons, Peras inhibited from trying the case as pairing judge of Regional Trial Court (RTC) Branch 9 wherein Judge James Stewart Ramon Himalaloan was the acting presiding judge. Himalaloan is reportedly on leave.

In an interview, Palmares told the media that Peras is independent and competent to hear the case.

“In his order he only cited personal reasons but he did not disclose the precise reasons. I don’t want to provoke him (Peras) but at the same time, I have a duty to my client,” he said.

He described Peras’ inhibition as a “sorry development” as he could no longer hear the case.

“In this development, it can’t be denied that it puts the other party in advantage…We are at a disadvantage…I don’t think this serves the ends of justice,” he said.

“At any rate it’s only the Court of Appeals that has power to stay the demolition,” he added.

Peras ordered the records of the case be forwarded to the raffle-committee for the re-raffling of case to another judge.

In his decision, Peras cited that part of the camp, based on the sketch attached to the records of implementing sheriff Elcid Caballes, shows it was included in the case.

Godinez was the owner of the questioned 4.6-hectare parcel of land designated as Lot 937. He filed the case in 1997 and the case was decided in 2008.

But despite the delay of the demolition due to Peras’ inhibition, residents are still wary of the developments.

“Nalipay mi pero uncertain ra gihapon ang security,” said Anne Martel, a resident and secretary of the Archangels Residents Mergence Inc. (Our fate is still uncertain, although we are glad with the latest development.

Martel said that until the court comes up with a decision they will keep on holding vigils and warning the residents to be on the lookout for possible attempts of arson and destruction of the site. — (FREEMAN)