On Warwick Barracks: Court junks complaint vs Rama, CH workers

CEBU, Philippines - The Regional Trial Court has dismissed the civil case for damages filed by Warwick Barracks vendors against Cebu City Mayor Michael Rama and other workers of the city government.

In his decision dated June 30, Judge Gilbert Moises said there was “no cause of action” against the defendants. A ‘cause of action’ is an act or omission of one party that violates the legal right of another.

Roy and Emma Cabanlit and others have alleged that the city led by the respondents violated their rights when their makeshift stalls at Lot No. 931 in Sitio Warwick Barracks were demolished last March 3, more than a month after the area was hit by a fire that left  at least 100 families homeless.

They claimed their stalls, which also served as their homes for several years, were destroyed without due process of law despite them having paid the fees regularly.

Moises ruled, however, that the vendors did not have an “existing right” over the lot because they did not own the same nor were they leasing the area.

Under Proclamation No. 241 issued on May 13, 1964, Lot No. 913 is reserved for market site purposes to be administered by the City of Cebu and is not for sale or settlement.

“They (plaintiffs) do not question the purpose of the Proclamation No. 241 nor the authority of the Cebu City government to administer the lot. Consequently, their stay is by mere tolerance and their structures may be removed any time regardless of the length of their occupancy thereof. Plaintiffs ought to know that length of stay in the premises does not ripen into a legal right which defendants are duty bound to respect,” Moises’ decision reads.

Moises added that the vendors’ claim that they are immune from eviction by virtue of Republic Act 7279 (Urban Development and Housing Act of 1992) because they are homeless and underprivileged is “without basis” as they failed to justify that they are so.

Opposition

Meanwhile, the displaced vendors area also protesting the plan of the city to enter into a joint venture agreement with investors from Hong Kong in developing Lot 913. A public hearing on the plan is scheduled on July 15.

“Di mi musugot nga ang investor nga langyaw ang mu-joint venture sa city.  Ang amo, maningkamot mi nga ipakita nga ni-oppose mi sa plano ni Mayor Michael Rama. He must help those who are indigent,” said Perla Eraya, president of Warwick Barracks Stall Owners and Livelihood Association.

Emalyn Aliviano, spokesperson of Kilusan, a non-government organization that is helping the fire victims, said the less fortunate should always be part of the city’s plan.

“Di man against ang mga tawo sa gusto nilang paglimpyo ug pag-uswag sa Carbon market. Ang pangutana lang giapil ba nila ang mga gagymay’ng manindahay isip constituent. Wala sila ka provide trabaho,” she said.

The Archdiocesan Discernment Group under the Archdiocese of Cebu is also helping the victims set a dialogue with Rama. The mayor said earlier that he has already designated point persons to speak with the displaced vendors.

The vendors are staying temporarily at the North Reclamation Area and have since opposed the city’s decision to move them to Barangay Budlaan where a relocation site is situated. –/JMO (FREEMAN)