Court issues vacate notice to 121 Apas residents

CEBU, Philippines - Some 121 families of Barangay Apas are in fear of losing their homes following a notice to vacate from the court.

Rosalinda Leogan, president of the St. Michael the Archangel Residents Association Incorporated, said Branch 5 of the Regional Trial Court issued the notice on October 7, but the same was received by at least 70 residents only last November 19.

 The affected residents are occupying four contested lots – 943, 944, 945 and 946. These parcels of land are adjacent to Lots 942 and 947 where the houses of 157 families were demolished last March 4. The properties were used to be occupied by the Mactan Cebu International Airport.

 Leogan claimed that the notice was received by their legal counsel, lawyer  Benjamin Militar, on October 22 but the latter reportedly failed to inform the affected residents.

 “Nahiubos lang mi kay wa mi pahibaw-a. Kahibalo naman mi sa among sitwasyon nga di mi-makaangkon sa luna kay wa man mi titulo nga ikapakita ug di pud mi maka-afford og palit gumikan kay mahal ang property kay commercial area man, Managana na lamang mi,” she said.

 The residents are now seeking the help of Atty. Collin Rosell, chief of the city’s Division for the Welfare of the Urban Poor.

 Leogan recalled that the case reached the Court of Appeals but the appellate court remanded the case to the RTC for review and further action.

 The lots are reportedly owned by the late Captain Generoso Lopez, which were procured by Richard Unchuan who filed an ejectment suit against the settlers.

 Leogan, though, contested that Lopez did not own the lots rightfully because the areas serve as a “military reserve” lot. 

 “Si Lopez dili gyod na tinuod na owner diha. Dugay na kaayo mi diha nagpuyo years before gikaso ni ang yuta pag 1991 wa pa to’y mga tawo sa area. Ang among pagpuyo diha in good faith man to wala man mi naapil sa maximum tolerance,” she said.

 The Freeman columnist Mike Acebedo Lopez, the grandson of Capt. Lopez, wrote in his column ‘Pointillisms’ that the lots were titled under the name of Capt. Lopez based on records from the Registry of Deeds.

Citing a July 2006 resolution (G.R. 172676) of the Supreme Court, the younger Lopez said the high court affirmed the Court of Appeals decision voiding the Deed of Sale executed by Generoso Lopez to his daughter Myrna Lopez-Terol and reverting ownership of Lots 943, 944, 945 to the other Lopez heirs, except for the share of Myrna, which was already sold to Unchuan.

 On January 18, 2010, the Supreme Court denied their petition ‘for failure to show any reversible error in both the Court of Appeals and RTC decisions,’ confirming once again Generoso Lopez’s ownership of lots in question. On August 27, 2010, the Supreme Court decision became final and executory (G.R. No. 188532).

 “I sincerely hope this puts an end to the half-truths being peddled in light of the tragic demolition of homes.”  (FREEMAN)