Families still hope demolition won’t push through
Barangay Apas settlers suffered another setback when the Court of Appeals denied their motion for reconsideration on the long-running dispute over a private lot in Cebu City.
This paves the way for the demolition of houses in a 4.7 hectare lot in sitio San Miguel earlier scheduled for Monday, May 7.
Nevertheless, many of the 168 families are hopeful the demolition won’t proceed tomorrow. They said they were assured by the court sheriff on Friday that he was still waiting for the ruling of a Cebu judge on the motion to postpone the demolition filed by the Office of the Solicitor General on their behalf.
The Court of Appeals (CA) affirmed the ownership of Mariano Godinez over the 4.7-hectare lot presently occupied by families, mostly headed by retired soldiers, officers and police personnel.
Court of Appeals Associate Justice Niña Antonio-Valenzuela denied the motion for reconsideration filed by the settlers known through their association, the Archangels Residents Mergence Inc. (ARMI).
Lawyer Benjamin Militar, counsel of the settlers, said they will elevate their appeal to the Supreme Court. Militar received a copy of the CA’s ruling last Thursday and has 15 days to contest it.
“We will ask relief from the Supreme Court, perhaps a TRO (temporary restraining order) or an injunction to stop the demolition,” he said.
Without a TRO or an injunction, Militar said the scheduled demolition can proceed tomorrow.
“We’re hoping the demolition won’t push through while there are still pleadings (to be filed). We understand (through media reports) that the sheriff would wait for a court ruling ” he said.
Sheriff El Cid Caballes was earlier set to implement the demolition tomorrow after receiving the go signal from Regional Trial Court (RTC) Judge Soliver Peras of Branch 10.
Peras on Friday said he hasn’t received any OSG motion to stay the demolition although other parties said they received their copies in the mail.
The OSC was asked to represent the settlers by Rep. Tomas Osmeña of Cebu City’s south district.
Militar said a petition for certiorari and prohibition previously filed before the CA after the settlers were asked to vacate the lot was denied by the court which ruled that the families were not part of the case.
Last February, CA Associate Justice Myra Garcia-Fernandez dismissed a petition to nulllify and set aside the writ of demolition against occupants.
Fernandez said the settlers failed to show concrete proof that they have “independent or separate legal title or rights” over the property.
Lawyer Roberto Palmares, counsel of Godinez, welcomed the settler’s attempt to contest the CA ruling before the High Court. He said he has yet to receive a copy of last month’s CA ruling.
Residents resumed their daily routines despite the uncertainty of their status in the lot.
Young boys played at the the basketball court filled with streamers and tarpaulins opposing the demolition.
Ignacio Labro, Archangel Residence Mergence Inc. (ARMI) president, told Cebu Daily News that they believe they have a strong case because they have new “evidence” to prove their claim.
“Our preparations include making sure only unarmed people will stop the demolition because we do not want the same thing as the violent demolition in Manila to happen to us,” Labro said.
Labro and fellow residents said they are confident that there will be no demolition on May 7 because the sheriff assured them so.
“There will be no demolition because Sheriff El Cid Caballes told us yesterday (Friday) since they are awaiting for the court decision on the urgent motion filed by the Office of the Solicitor General, Labro said.
But Labro said they’re not ruling out anything yet.
“If he does implement the demolition, there is a possibility of a commotion because he promised not to implement it,” he said.
Cebu City Mayor Michael Rama is asking Apas occupants to pray to prevent the scheduled demolition of their homes tomorrow.
He said an informant showed him some papers that can help the case of the families before the court.
He advised the informant to instead discuss the matter with Colin Rosell, chief of the Department for the Welfare of the Urban Poor (DWUP), who’s handling the case of the families.
The mayor also chided the camp of Rep. Osmeña for bragging to the media about the manifestation which they presented to the Solicitor General’s Office asking them to intervene in the Apas lot dispute.
What Osmena did was a mere “publicity stunt”, Rama said.
The mayor also questioned why Apas residents allowed Osmeña’s group to intervene on their behalf when the city government was already making representations for them.
Rama also corrected reports that he was pushing for the relocation of the occupants so that Godinez can claim possession of the lot.
The mayor said he wants the families to pursue their claim on the Apas property.
“If you ask about the site we won’t brag that we can afford to buy a relocation site because the Commission on Audit (COA) or the Ombudsman might pick on us, the lot is expensive,” he told reporters yesterday.
Senior Supt. Melvin Ramon Buenafe, chief of the Cebu City Police Office, said personnel will be deployed to keep the peace in the area if the demolition pushes through tomorrow. With Correspondents Jessa Chrisna Marie J. Agua and Chito Aragon
