Heirs ask court to stop demolition of their wall

CEBU, Philippines - Cebu City Mayor Michael Rama is facing charges in court after he issued an order for the clearing of a 257-square meter lot in Sitio Sun-oc, Barangay Lahug, Cebu City.

The heirs of Roberta Cosare, namely: Cristobal Cosare, Virgilio Cosare, Amelia Noquera, Danilo Cosare, Ronaldo Cosare, Leonisa Cosare-Javate, Alexander Cosare, and Jovinita Cosare, filed a civil case for injunction with prayer for preliminary mandatory injunction to stop the city government from implementing the order.

Also named defendants were City Hall’s Prevention, Restoration, Order, Beautification and Enhancement  Chief Raquel Arce, PROBE Assistant Division Head Wendell Cenas, Division for the Welfare of the Urban Poor  Chief Collin Rosell and DWUP Community Coordinator Loneviene Ledesma.

The Cosares said that on September 15, Rama issued an order directing Arce to remove, demolish and clear alleged “illegal structures” within the area.

After learning of the order, Javate, on September 18, sent a letter to Rosell informing him that they were the owners of the lot.

 Javate, however, said 10 days after that she received a notice from Cenas advising that they remove voluntarily the “illegal structure” on the lot.

Javate said that since the lot is on a slope they decided to adopt measures to prevent soil erosion by constructing a retaining wall, which was not yet finished when the clearing order was issued.

The Cosare family, through lawyer Salvador Solima, asked the court to declare them as the owners of Lot 1, Block 13 and ordered the defendants to pay them P50,000 in moral damages; P50,000 inexemplary damages; P50,000 in attorney’s fees plus P2,000 as appearance fee; and P10,000 as litigation expenses.  (FREEMAN)