Citi Center settlers ask court to give them temporary shelter

CEBU, Philippines - The affected families in the demolition of Citi Center Complex in Barangay Kamagayan has asked the court to allow them to build temporary structures for shelter pending resolution of their petition for temporary restraining order against the Cebu City government and its officials and the barangay officials.

Lawyer Benjamin Militar, counsel for the affected families, asked Regional Trial Court Judge Soliver Peras to grant their plea.

Militar said the demolition, which was ordered by Mayor Michael Rama, has violated the Republic Act 7279 or Urban Development Housing Act as well as the moratorium agreed by the City Council because the affected families were deprived of procedural and substantive due process of law.

He added that there was also no available funding for the housing project that the city government wants to implement in the area. The city government plans to build a condominium building for City Hall employees.

“The respondent mayor, however, argues that there are already plans for the infrastructure project, but as clearly required  by Section 28 and Section 2, paragraph a (3), of Ordinance 2351, the existence of available funds for such infrastructure project must exist and the project ready for implementation.  Absent such concrete funding, the intent alone does not justify demolition much less, eviction,” Militar said.

He accused Rama of having “outrun the bounds of reason, and has resulted in sheer oppression” when he ordered the demolition.

The city government, through lawyers Jerone Castillo and Mary Rose Salvatierra, on the other hand, asked for the dismissal of the case.

The city lawyers said, in their position paper, the court must dismiss the case for lack of jurisdiction and that petitioners failed to establish that they have clear and unmistakable right to be protected. — (FREEMAN)