CEBU, Philippines - Some 33 families who are occupying a city-owned lot in Sitio Ihawan, Barangay Mantuyong, Mandaue City yesterday voluntarily tore down their structures after Mayor Gabriel Luigi Quisumbing assured them of a relocation site.
City Legal Assistant James Allan Sayson said the residents signed an agreement that they would not obstruct any move of the city for the demolition, which was ordered by the mayor, after Quisumbing told them they would be given a new place to build their homes.
The area is part of the site development and re-blocking of the 9.2 hectares Phase V in Zone 7 of Barangay Mantuyong.
Regional Trial Court Branch 12 Judge Estela Alma Singco did not issue a Temporary Restraining Order in favor of the beneficiaries of Sitio Ihawan to stop the city's demolition.
"For failure of defendants to establish their right at this stage of the proceedings to the litigated lot, their application for a TRO is denied," said the court.
Sayson told reporters that the city and the beneficiaries agreed that they would be given 30 days to submit their compromise agreement, but the occupants said that they would voluntarily transfer to the Cebu International Convention Center, which is used as temporarily shelter for displaced residents, on or before April 2 while waiting for the raffle of their assigned lot.
"I told them that the city does not want to destroy their structure aron magamit pa nila ang ilang mga materials nga kabalhinan," Sayson said.
In his demolition order, Quisumbing stated that "their occupancy in the area is illegal and contrary to the law."
The mayor cited Section 28 of the Urban Development and Housing Act of 1992, which stipulates that eviction and demolition shall be discouraged unless the “persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways and other public places such as sidewalks, roads, parks and playgrounds” and if “government infrastructure projects with available funding are to be implemented.” (FREEMAN)