Apas residents seek help from Supreme Court

CEBU, Philippines - Residents of Barangay Apas, Cebu City who were removed from a private land they were occupying have sought refuge with from the Supreme Court.

In a letter-affidavit addressed to Chief Justice Maria Lourdes Sereno, Leo Dioquino accused court sheriff Edilberto Suarin for leading an unlawful demolition of their houses.

Dioquino cited Section 28 of the Urban Development and Housing Act, which says, “Notice upon the effected persons or entities at least thirty days prior to the date of eviction or demolition,” as well as the provision that mandates “Proper identification of all persons taking part in the demolition.”

Dioquino said Suarin committed misconduct because he allegedly did not send notices to the subjects of demolition and the members of the demolition team were not identified properly because they were reportedly wearing masks.

“I personally have not received any notice from the above respondent sheriff… The persons who composed the demolition team were not properly identified. They were wearing masks and no proper identification cards,” Dioquino’s letter reads.

Another resident, Rosalinda Gambet, also said she saw at least two hundred people with their face covered.

In a separate affidavit, Apas Barangay Captain Ramil Ayuman said he and Suarin have supposedly agreed that only 10 people would demolish the houses, an agreement that Suarin allegedly did not honor.

“There were almost 200 men composing the demolition team and 50 or almost 100 men entered and destroyed every house,” Ayuman said.

Gambet also said she saw the written agreement between Ayuman and Suarin.

Dioquino said that during the demolition, a 17-year-old member of the demolition team allegedly stole their belongings including a blower, electric hair iron, electric meter, electric wire and radio.

The FREEMAN has decided not to identify the boy because he is a minor.

Another resident, Michael Puno, said he saw the boy enter the house through the window and steal the items.

“We found in his bag some of the things mentioned.  This act by respondent sheriff of hiring a minor to be part of the demolition team is very reprehensible and in breached of the duties deposed on him as agent of the law,” Dioquino said.

The minor was brought to the Mabolo Police Station 4 and, an hour later, the items he allegedly stole were presented and were subsequently brought to the Apas Barangay Hall to be used as evidence.

The Department of  Labor and Employment has ordered to stop the demolition, but Suarin was bent on enforcing the court order.

Last March 24, the City Attorney’s Office filed a motion before the Municipal Trial Court in Cities to stop the ongoing demolition, saying the court violated the law because it did not give the city government enough time to give the affected families a sufficient relocation site.

The demolition continued after the court denied the residents’ petition for a preliminary injunction and temporary restraining order. – (FREEMAN)