CEBU, Philippines - Informal settlers of the Citicenter Commercial Complex in Barangay Kamagayan is asking the court to stop Mayor Michael Rama from clearing the former wet market.
Crispin Calesterio and the other settlers filed a petition before the Regional Trial Court yesterday for the issuance of a temporary restraining order (TRO) to stop Rama and City Administrator Jose Marie Poblete from implementing the clearing operation pending the resolution of the case.
They also asked the court to prohibit the mayor from evicting them without giving relocation sites.
The case has been assigned to the sala of Regional Trial Court (RTC) Branch 58.
According to the petitioners, they started living in the place sometime in 2000 while the former wet market was still operational.
The previous owner reportedly gave them consent to stay in the complex and they were paying monthly rentals.
The property was levied by the City of Cebu after its previous owner failed to pay taxes.
The property was forfeited in favor of the city sometime in 2004.
On October 19, 2012, the city government, through Poblete, issued notices to vacate within 72 hours because the city will be using the area for public purpose.
It is now being utilized as temporary shelter for those persons rescued by the city from the sidewalks during nigh time. It will be developed into a residential site for Cebu City Hall employees.
In this year’s budget, Rama proposed a P100 million appropriation for the construction of a condominium in the area but the amount was not approved by the City Council.
Calesterio said the city officials did not conduct a consultation with the affected residents and evicting them can be considered illegal because there is no relocation site or financial assistance provided.
“Even granting that the government has valid grounds for their eviction, however, the requisites are not complied with, thus makes the intended eviction procedurally defective,” said the petitioners’ counsels Perla Centino and Dandel Rose Villacastin.
But Rama said a consultation was done a long time ago and they have been informed that the city government will be using the property. — (FREEMAN)