Court holds off demolition; Tom, Mike bicker over case
The 168 families of sitio San Miguel, barangay Apas, can breathe a little easier.
The Regional Trial Court (RTC) yesterday put on hold the demolition of their houses.
RTC Judge Soliver Peras of Branch 10 said he needed to listen to the arguments of both parties in the long-running case involving a private lot owner since he was new.
He focused on questions about a 1999 Cebu City Council resolution classifying the area as a social housing site, which petitioners are relying on.
Meanwhile, Cebu City Mayor Michael Rama told the city’s urban office to identify a relocation site or negotiate for possibly converting the area in Apas for socialized housing.
But Rep. Tomas Osmeña of Cebu City’s south district scoffed at the action, saying the mayor was “using the misery of the people as his stage for showbiz” to seek reelection in 2013.
He said the mayor’s runningmate Councilor Edgar Labella, whose help was promised by the mayor, was the the law firm partner of Roberto Palmares, the lawyer of the land owner.
Judge Peras ordered City Hall to show proof that the area was classified under the Urban Land Reform Law to qualify for specialized government housing and whether a relocation site has been identified for them.
He ordered the sheriff not to implement a writ of demolition against the settlers yet.
A hearing is scheduled tomorrow afternoon.
The residents occupy a 4.7-hectare lot owned by Mariano Godinez.
The four Roses Neighborhood presently known as the Archangels Residents Mergence Inc. or ARMI, earlier asked the court to hold off the demolition order issued two years ago by RTC Branch 9.
The Cebu city government, which also represents the residents, argued that the Urban Housing Development Housing Act (UDHA) should be applied in favor of the residents.
Godinez’s counsel Roberto Palmares said a Court of Appeals decision favoring his client has long been “final and executory.”
In 1997, Godinez filed a suit in court against the national government to reclaim the lot, which also houses the PNP Regional Training School in Central Visayas and less than a hectare of the Central Command’s Camp Lapu-Lapu
The neighborhood is populated with families of military and police personnel..
RTC Judge Benigno Gaviola, in 2002, declared Godinez the “absolute and exclusive owner of the lot.”
The ARMI filed a petition for certiorari before the Court of Appeals (CA), which dismissed it for lack of merit. A motion for reconsideration is pending.
Palmares said his client, who is already in his 90s, has been patient with the residents who had repeatedly asked for postponements on the demolitions.
“We have stretched our compassion,” he said.
ARMI lawyer Benjamin Militar said a one-month extension isn’t much.
“What’s a month or so? Godinez has never been in Cebu. Godinez has never testified,” Militar said.
Rama ordered Cebu City Hall’s urban poor office to identify a relocation site and study a possible socialized housing site there.
His arch critic, Congressman Osmeña said the mayor was just trying to boost his reelection bid.
Osmeña said he heard the mayor tell Apas residents on Monday not to worry because he and his running mate Councilor Edgar Labella are helping fight their case in court.
He said this was unlikely tbecause Labella was Palmares’ law firm partner and the two men hold office in a building located across the basilica. Osmeña said if the 4.5-hectare Apas lot in question is sold at P20,000 per square meters, the price would be P900 million or nearly a billion pesos.
The lot is considered prime real estate since it is located near the Asiatown IT Park in barangay Lahug.
Osmeña said if the sale pushes through, the Palmares-Labella law office stand to earn 10 percent e of the lot proceeds or P90 million.
“This is a good fund-raising possibility for Mr. Rama and Mr. Labella at the expense of the poor,” he said.
Mayor Rama countered saying, “Showbiz is the career of my relatives in Manila. What I’m doing is public service,” he said, referring to cousin Annabelle Rama and niece Ruffa Gutierrez, both actors.
ARMI Secretary Anne Serana said they will fight tooth and nail to remain in their homes.
Serana said the lot they were occupying was bought by the government for P1,845.72 in 1939. Records of the sale were destroyed during World War II, she said.
Serana said the lot became a socialized housing development site dedicated to retired soldiers and their families.
She said some of the residents packed their things for fear of being displaced by the demolition but they don’t expect to see a relocation site soon.
Genevieve Alcoseba of the Presidential Committee on the Urban Poor said there’s nothing wrong with local officials giving assistance to the Apas residents.
She said the P50 cash supposedly given to the residents came from the pockets of Osmeña.
“The funds of the congressman are with the Department of Social Welfare and Development,” Alcoseba said.
Serana also clarified that they didn’t ask for aid from local officials. “That’s our job, to help the urban poor,” Alcoseba said. With Correspondent Tweeny M. Malinao
