Court stops demolition of houses; Judge: Ceasefire

CEBU, Philippines - Regional Trial Court Executive Judge Soliver Peras of Branch 10 ordered a “ceasefire” in the demolition  of  homes  in  sitio San Miguel, Apas, Cebu City.

This was after the hearing on the petition for injunction with prayer for the issuance of a temporary restraining order that the affected residents filed.

Peras ordered the destruction of houses be stopped until he can resolve the petition. He gave the contending parties until 9 a.m. today to file their respective position papers.

Lawyer Jade Ponce, chairman of the Cebu City Land Management Council, an extension of the Cebu City Assessor’s Office, told the media that the city government’s motion for intervention was granted by the court.

He also said that Municipal Trial Court in Cities Branch 6 Sheriff Edilberto Suarin allegedly committed many violations with regards to the procedure in the implementation of the writ of demolition.

Ponce said they are now discussing what action they would take against the sheriff.

Lawyer Feliciano Lope Payot, one of the legal counsels of the 15 residents who requested the TRO, manifested before the court that the demolition crew included minors.

Lawyer Collin Rossell, city Division for the Welfare of Urban Poor chief, also told the court that the Department of Labor and Employment has issued a “stoppage order” and directed Suarin to appear today to explain why the demolition crew had minors as members.

Senior Labor Employment Officer 3 Russell Cañete handed the DOLE-7 order to Suarin, who acknowledged its receipt by signing a copy, at the demolition site yesterday.

Payot, Russell, Ponce, and City Attorney Gerone Castillo also told the court that Suarin did not comply with the law on the proper identification of demolition crew members, saying the sheriff merely submitted “nicknames.”

In an interview, Suarin said he disregarded the DOLE order because it was not a court order.

“Unless it is a court order, I will abide,” he said, adding it is up to the concerned parties to take legal actions against him.

Lawyer Allan Siu, one of the legal counsels of lot owner Aletha Suico-Magat, said they will file their position paper today and will file an opposition to the motion for intervention filed by the Cebu City government.

The 15 residents are among the 157 affected families.

RTC Branch 9 Judge Alexander Acosta, on the other hand, will also hear today the partial motion for reconsideration filed by another 15 residents through lawyer Benjamin Militar, after their urgent motion to stop the demolition was denied the other day.

Apas Barangay Captain Ramil Ayuman and City Hall officials have complained against Suarin after learning that the court sheriff still ordered the demolition even without complying yet with DOLE’s requirement.

Yesterday, Cañete directed Suarin to suspend the demolition and answer first the complaint on the use of minors as part of the wrecking crew.

This was after the police and barangay tanods arrested a 16-year-old member of the demolition team who was caught looting from a house that was being destroyed last Wednesday.  Cañete said DOLE would investigate if there are other minors comprising the wrecking crew, which he said is a violation of the Labor Law.

Rossell also requested Suarin to produce a detailed profile, which would include the given name, address, and photo of each crew member, after the sheriff only managed to produce a list with just nicknames on it.

But while DOLE and DWUP waited for Suarin to comply with the requirements, as they have agreed upon, yesterday, they learned from one of the affected residents that the demolition still pushed through past 1 pm, leveling to the ground the house of Alberto Balando.

Rossell lamented that Suarin continued to violate several laws by continuing with the demolition.

“Having a court order is not a license to violate the law,” Ponce also said.

The demolition would only resume once the RTC decides whether to grant a temporary restraining order prayed for by the residents or not.

Suarin has earlier said that it was Magat’s camp that recruited the wrecking crew and that as a court sheriff, it is no longer his job to provide a complete profiling of the demolition team members.

Meanwhile, to prevent another theft incident, the police announced that stricter security would be implemented in the site.

Chief Inspector Ryan Devaras of Mabolo Police Station yesterday said they have tightened security in the area to avoid looting from happening again.

Devaras said they have limited the number of persons who can enter the vicinity and that the members of the demolition team are required to undergo screening before entering the area. —/RHM (FREEMAN)