City gov’t sued to stop demolition in Ermita

CEBU, Philippines - At least 16 residents of Sitio Warwick Barracks in Barangay Ermita filed a civil case against the Cebu City government  to  preventtheir houses from being demolished.

The complainants – Buenaventura Cantiveros, Juana Monceda, Antonio Cantano, Maximo Andales, Severina Gaco, Corazon Balaba, Loreta Gesto, Teresita Remonida, Gina Conte, Andrew Mercardo, Sergio Andales, Cerelina Tudtud, Milagros Mabandos, Marife Enal, Pilar Enal and Emilia Borres – asked the court to issue a temporary restraining order (TRO) against the city government represented by Mayor Michael Rama and Raquel Arce, chief of the Prevention Restoration Order Beautification Enhancement (PROBE) and Market Administrator.

 â€œThere is an urgent and permanent necessity to enjoin respondents from any act of demolition without authority against petitioners’ houses and stores situated at Warwick Barracks, to prevent serious damage or injury,” the residents asked the court.

The petitioners’ houses are not affected by the huge fire in Ermita last January in which more than 100 families were left homeless. According to them, their houses were spared by the fire because these are situated at the exterior portion of Warwick Barracks.

However, the city government has threatened them with demolition. In fact, some of the residents who tried to rebuild their houses after the fire have been subjected to demolition already and were relocated to the South Road Property (SRP).

Upon the order of Rama, the members of PROBE headed by Arce started fencing the area.

“The fencing was done swiftly without any written notice or any consultations with the residents,” the petitioners said.

They claimed that the city government has violated Section 28 of Republic Act 7279 otherwise known as Urban Development and Housing Act of 1992.

According to them, Rama asked them to voluntarily dismantle their stalls and transfer to the “module” offered by the city government, which they did not agree.

The petitioners explained that their stalls also serve as their abode.

“Petitioners have the right not to be deprived of their properties or the right to peaceful enjoyment of their properties, and such right should not be taken by anybody without due process of law,” the complainants said.

They said that they had been living in the area and earning their livelihood for over 40 years now.(FREEMAN)