Cebu Archbishop to release Apas demolition statement

CEBU, Philippines - The Archdiocese of Cebu discernment group is set to submit its recommendation for the local Catholic Church to issue an official statement on the demolition in Sitio San Miguel, barangay Apas, Cebu City that displaced over 100 residents.

Archbishop Jose Palma told reporters yesterday that the group has convened to come up with the church's official statement and that he is waiting for it to submit its recommendation to him.

The prelate, though, said that whatever is the outcome of the situation, the welfare of the public must be taken into consideration.

“At the moment, we are coordinating with the archdiocesan discernment group. Hopefully, whatever they can recommend we will try to implement,” Palma said.

“Ang atong (Our) point is there is always a call from many quarters to really discern what will really serve the benefit of the people,” he added.

Though he declined to issue a statement pending the discernment group's recommendation, Palma emphasized the need to strike a balance between development and social welfare.

The court-ordered de-molition of the homes of 157 families occupying Lots 942 and 947 started last Tuesday after the Regional Trial Court (RTC) denied the petition to temporarily stop the order earlier issued by Municipal Trial Court in Cities.

The tearing down of the houses concluded a long legal battle that dates back to the 1990s.

Lot 942 and 947 were originally owned by spouses Santiago Suico and Antonina Rosal, as evidenced by TCT No. RT-6065 and TCT No. RT-6066, respectively.

Sometime in 1949, the National Airport Corporation (NAC) pursued a comprehensive program for the proposed expansion of the now defunct Lahug Airport.

The government had initiated expropriation proceedings and on December 19, 1961, the Court of First Instance of Cebu rendered a judgment in favor of the government, but with a buy-back assurance.

At the end of 1991, Lahug Airport completely ceased its operations and the expropriated properties were never used.

On February 8, 1996, the heirs of Santiago Suico led by Suico-Magat filed a civil suit against the government for its refusal to reconvey the properties, which informal settlers began to possess.

On October 7, 1998, the RTC directed the MCIAA to reconvey the properties to Magat and seven of her siblings, free from liens and encumbrances.

On September 30, 2012, the court rendered a favorable judgment for Magat and ordered the informal settlers to vacate the lots and pay corresponding rents for reasonable use of the property.

On December 27, 2013, the court issued a resolution clarifying that the execution pending appeal will be implemented against 138 defendants.

A writ of execution was issued on January 23, 2014 and a notice to implement the writ of demolition was issued on January 28, 2014. (FREEMAN)