Fate of Apas folk known today

CEBU, Philippines - The Regional Trial Court is expected to rule today on the request of residents of Sitio San Miguel, Barangay Apas for the RTC to stop a demolition order issued by the lower court.

Municipal Trial Court in Cities Branch 6 Judge Pamela Baring-Uy earlier issued a writ of demolition in the ejectment case filed by Aletha Suico-Magat, claimant of lots 942 and 947. The demolition is scheduled today.

Lawyer Sisinio Andales, who represented lawyer Benjamin Militar in court, manifested that there is a need for the RTC to issue a TRO to stop the demolition. Militar only represents 50 out of 157 affected residents.

Andales asked the RTC to stop the MTCC sheriff from enforcing the demolition based on Section 28 of the Republic Act 7279 or the Urban Development and Housing Act of 1992.

"It (demolition) cannot be done immediately…unless RA 7279 is complied with," Andales added.

Acosta, however, told counsel that the court cannot enjoin the sheriff who is not a party to the case  not even notified of yesterday's hearing.

"Who to be enjoined…you are asking the court to enjoin the sheriff, who is not a party of the case? The court has no jurisdiction over the sheriff," he said.

 Meanwhile, lawyers Orvi Ortega and Marino Martinquilla of the Provincial Attorney's Office manifested before the court yesterday of their special appearance over the case after the Province of Cebu was furnished a copy of the urgent motion filed by Militar.

Ortega told the court that in page 13 of the urgent motion, the movants mentioned that it was the Province of Cebu that owns the subject lots and not claimant-apellee, Magat.

However, lawyer Mark Anthony Gaviola, one of the legal counsels of Magat objected to the representation of the province because they have no personality to do so and not even a party to the case.

Meanwhile, Andales said that if the demolition will push through, it can cause irreparable damage pending decision of the court.

During interview, Andales admitted they failed to notify the sheriff and said there must be a relocation site identified before the writ of demolition is executed.

Furthermore, Andales said there were some houses not included in the demolition,  they have put up a bond. The occupants have been living in the subject property for 40 years.

For his part, Gaviola told the media that they strongly opposed the TRO sought by the occupants. Yesterday, they filed a written opposition to the urgent motion filed by Militar.

Andales also filed his reply to Gaviola's opposition.

Reportedly, the urgent motion filed by the occupants seeks to nullify Uy's order for lack of jurisdiction.

According to them, Magat is not the real owner of the property but the Province of Cebu.  (FREEMAN)