Sheriff submits report on Brgy Luz

CEBU, Philippines - After the sheriff’s report, what’s next?

No one can tell as of yet the date of implementation of the writ of demolition in three sitios in Barangay Luz except Regional Trial Court Judge Ramon Daomilas of Branch 11.

Earlier, Daomilas directed Sheriff Joseph Olmedo to submit a comprehensive report of his assessments in the areas affected by the demolition.

Olmedo in his report stated that on May 15, 2012 when he conducted a survey of 32 houses he found that no families voluntarily vacated their place although there were three who were affected by the fire that struck Sitio Lubi on May 11, 2012.

Though the homeowners association filed an ex-parte motion directing him to implement the writ of demolition, Olmedo said this is still subject to the court’s approval.

Moreover, Olmedo said his request for police assistance is still pending before the Philippine National Police (PNP).

“The request for police assistance was put on hold by the PNP legal department until such time a pre-demolition conference would be done among parties, LGU and other government agencies as stated in the new DILG guidelines in securing police assistance from the PNP,” he said.

Meanwhile, Cebu City Mayor Michael Rama asked the court to postpone the implementation of the writ until such time the barangay can recover from the fire incident.

“Due to the recent fire that ravaged hundreds of homes and left more than 2,269 residents of Barangay Luz homeless, I appeal to your sense of compassion to defer the May 15 demolition for humanitarian reasons,” Rama’s letter reads.

Rama added the barangay is still under the state of calamity and the people affected are still “in shock and in distress.”

Though not all sitios in barangay Luz were affected by fire, Rama said that collectively they are suffering from the aftermath.

“To order a demolition right after a recent tragedy will subject this barangay to further trauma even to the point of depression and insanity which will exacerbate the current situation and will be like rubbing salt on their still very fresh wounds,” Rama said.

Earlier, Daomilas in his order informed the parties in advance that May 15, 2012 was the deadline for the residents to voluntarily vacate the area. He added that the date “cannot and will not be extended.”

The affected families were from Sitios Mabuhay, Nangka and Lubi. Earlier, they filed a civil case for injunction and preliminary mandatory injunction against their homeowners association seeking for partial annulment of the contracts and certificates of title.The defendants of the case were Sitio Nangka Homeowners Association Inc., Sitio Mabuhay Homeowners Association Inc., Sitio Lubi Homeowners Association and the Province of Cebu. — (FREEMAN)

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