CEBU, Philippines - Mariano Godinez, who is claiming Lot 937 in Sitio San Miguel, Barangay Apas, has filed a motion for reconsideration over the inhibition of Regional Trial Court Judge Soliver Peras from further trying the case.
Through his lawyer Roberto Palmares, Godinez asked Peras to reexamine his order if indeed he will voluntarily inhibit from the case.
“Whatever are these personal reasons that prompted his honor to inhibit from further resolving the issues at hand, plaintiff respectfully appeals to reexamine his conscience and ask himself whether at this stage he should voluntarily inhibit,” the motion read.
Godinez claims ownership of Lot 937 subject for demolition where 168 families stand to be affected. He filed a civil case in 1997 to reclaim the said property.
The case was decided in 2008 stating Godinez was the owner of the lot.
Earlier, Peras inhibited from trying the case citing personal reasons.
“For personal reasons and considering that partitions of the camp, as indicated by the Court Sheriff Elcid Caballes, based on the sketch attached to the records of the case are included in this case, the undersigned deems it necessary to voluntarily inhibit in this case, as pairing judge of Branch 9,” order reads.
The occupants were the Archangels Residents Mergence Inc. formerly known as Four Roses Neighborhood Association Inc.
Meanwhile, Cebu City Police Office Director Melvin Buenafe in his comment for police assistance in the implementation of the writ of demolition, said based on the guidelines issued by the secretary of Interior and Local Government they should deploy police assistance in all eviction and demolition activities. — Mylen P. Manto/BRP (THE FREEMAN)