Tomas seeks review on Doña Pepang decision

CEBU, Philippines - Former congressman Tomas Osmeña is seeking the court’s reconsideration in its order denying his plea to stop Mayor Michael Rama from ordering the alleged demolition of graves and niches within the Osmeña Mausoleum Property.

Osmeña, through lawyer Benjamin Militar, filed last month a motion for reconsideration for the order dated November 28, 2014.

“Petitioner respectfully prays the order of November 28, 2014 be reconsidered or in its place, a preliminary prohibitory injunction issued to maintain the status quo ante, and ordering opening the said cemetery for the purpose for which it was established,” the motion read.

Osmeña has earlier filed a petition for prohibition against Rama and the Cebu City Council to stop them from converting the 9,282-square meter Doña Pepang Cemetery at M.J. Cuenco Avenue into a park.

Osmeña alleged sometime in August 2014, Rama announced through the media that he will convert Osmeña Mausoleum Property, popularly known as the Doña Pepang Cemetery, into a park.

Rama allegedly ordered the voluntary demolition of informal settlers who have been occupying the portions of the cemetery.

Osmeña contended the destruction of the cemetery is beyond the powers of the mayor and that without a court order, the demolition of the homes of the informal settlers violates the Constitution and Republic Act 7279 known as Urban Development and Housing Act of 1992.

Lawyer Collin Rosell, head of the Division for the Welfare of Urban Poor of the Cebu City government, said no tomb will be removed at Doña Pepang but there will be “beautification.”

With that assurance, Regional Trial Court Judge Alexander Acosta denied the temporary restraining order.

Osmeña, however, said the case he filed is to prevent Rama from closing the cemetery, reiterating it is beyond his authority.

“It is the stand of the petitioner that the authority of respondent as mayor is to preserve the Osmeña Mausoleum Cemetery. He had no authority to close the cemetery. The assurance that he would not touch the remaining graves when he had already ordered such removal, and had compelled many of the concerned families to move the bones of their beloved ones, does not cure the illegal order of respondent mayor enforced the last November 15, 2014 to close the cemetery,” the motion read.

Osmeña likewise asked for reconsideration or preferably that issuance of a preliminary prohibitory injunction to stop Rama from closing the Osmeña Mausoleum Property, from destroying the cemetery and from demolishing the homes of the informal settlers and evicting them without the compliance of the provisions under Republic Act 7279.  (FREEMAN)