Apas residents fear demolition will resume

CEBU, Philippines - Despite an agreement to halt the demolition, residents in lots 942 and 947 in sitio San Miguel, Barangay Apas yesterday expressed fears that the demolition will resume anytime this week.

“Puwerteng hadloka sa mga tawo na sad diri. Blessing in disguise gani na niuwan karon (yesterday), so wa’y demolition ipahigayon. Mag-ampo na lang mi ani na magsige og uwan,” Apas Barangay Captain Ramil Ayuman said.

This after Ayuman and the residents learned from their legal counsel, lawyer Feliciano Payot, that court sheriff  Edilberto Suarin, who had their houses demolished last week, filed a manifestation before Regional Trial Court Judge Estella Alma Singco to allow him to continue the demolition.

In a letter dated March 13, 2013, Suarin requested the court to allow him to continue the demolition since there is no temporary restraining order (TRO) yet.

This despite Singco’s penned order saying that the TRO sought by the residents is submitted for resolution after both parties respectively filed their position papers.

“Per gentleman’s agreement no rebuilding and no demolition of houses in subject lots,” Singco yesterday told the media.

However, Suarin said he understood that the gentleman’s agreement was only for March 7, and since the date has already lapsed and no TRO was issued to stop the demolition.

Suarin, a court sheriff of the Municipal Trial Court in Cities, filed the manifestation after receiving a letter dated March 12 from Aletha Sucio-Magat, the claiming owner of lots 947 and 942, expressing “distress”.

Magat said in her letter that there are settlers who have allegedly started to rebuild their houses in the two contested lots.

“Please perform your sworn and ministerial duty to implement the writ of demolition or I will be forced to file necessary action against you,” Magat said, citing the situation worsens her health condition.

Ayuman for his part said they will counter Magat’s prodding on Suarin to continue the demolition despite agreement through any legal actions before the Court.

The barangay captain said there is a systematic land grabbing going on in their barangay.

Judge Singco is set to hear on March 19, next week the injunction case filed by the affected residents.

The residents filed the said petition to stop the implementation of the writ of demolition issued by Judge Pamela Baring-Uy of the Municipal Trial Court in Cities (MTCC) who ruled for demolition of the houses on lots 942 and 947.

Meanwhile, another set of settlers in Barangay Apas is still waiting for the resolution of their injunction case now pending before RTC Branch 9 of Judge Alexander Acosta.

Reportedly, there were two sets of settlers who appealed the order of Uy before the RTC. They were seeking to stop the demolition.  (FREEMAN)