AROUND 140 families and two government institutions have to vacate a private lot in barangay Apas, Cebu City.
The Court of Appeals (CA) in Cebu City dismissed a petition to nulllify and set aside the writ of demolition against occupants of the 4.7-hectare lot owned by Mariano Godinez.
In a Feb. 1, 2012, ruling Associate Justice Myra Garcia-Fernandez of the 18th division upheld a lower court’s order for settlers to leave the land.
She said the settlers failed to show concrete proof that they have “independent or separate legal title or rights” over the property.
The lot also houses the Philippine National Police Regional Training School in Central Visayas (PNP-RTS) and less than a hectare of Camp Lapu-Lapu.
Settlers earlier built their houses with the permission of the Armed Forces of the Philippines.
“While this court sympathizes with the plight of the petitioner and its members who may have occupied the property for decades and relied upon representations of the national government that this will be given to them for their homes, this court cannot shirk from its first and foremost duty to apply settle legal principles and jurisprudence if it must be true to its mission under the rule of law,” said Associate Justice Garcia-Fernandez.
Godinez filed the suit to reclaim the lot in 1997. In 2002, RTC Judge Benigno Gaviola declared him the “absolute and exclusive owner of lot no. 937.” and ordere all improvements built in the lot forfeited in favor of Godinez.
The Four Roses Neighborhood Association Inc (presently known as the Archangels Residents Mergence Inc.), a group occupying the lot, filed a petition for certiorari, among others, before the CA.
They said the trial court erred in issung the writ of demolition of their houses or members of petitioner who were neither parties to the case nor included in the judgment.
They filed the petition against Judge Olegario Sarmiento, clerk of court Chevin Vasquez, former sheriff Antonio Bellones, and Godinez.
Judge Sarmiento had affirmed lower court ruling.
“Mere abuse of discretion is not enough. A writ of certiorari is a remedy designed for the correction of errors of jurisdiction and not errors of judgment,” Justice Fernandez said.
But the court declared Godinez as the rightful owner of the lot./Reporter Ador Vincent S. Mayol