6-month grace period dangled for Apas settlers
A “win-win” solution was proposed by the owner of contested land in sitio San Miguel, barangay Apas, Cebu City, to resolve the demolition threat over 168 household settlers.
Roberto Palmares, legal counsel of land owner Mariano Godinez, said they are open to a six-month postponement in implementing the court’s demolition order so settlers can voluntarily demolish their houses and vacate the lot.
The offer was made during yesterday’s court hearing of a petition for the issuance of a Temporary Restraing Order filed by Four Roses Neighborhood Organization, which is presently known as Archangels Residents Mergence Inc. (Armi).
The proposal came after City Mayor Michael Rama wrote the court asking for a a six-month reprieve for the settlers.
“Defendants (settlers) personally appeared to me and manifested their willingness to vacate from the premises and remove their houses voluntarily,” Rama said in a letter to Regional Trial Court (RTC) Judge James Himalaloan.
However, it is up to RTC Judge Soliver Peras of Branch 10 to hear and decide the case since Himalaloan is on sick leave.
Article continues after this advertisementPalmares said his client would give settlers a six-month grace period if both parties sign a compromise agreement with a condition that the Cebu city government would find a relocation area for the residents before the period ends.
Article continues after this advertisement“If the letter of the mayor is not only for palabas and they are really sincere in their intention of finding a relocation, then we are giving them time, if that’s what they want,” Palmares said.
Rep. Tomas Osmeña of Cebu Citys ‘south district wasn’t satisfied.
“If the case is in court, why should we compromise?” Osmeña asked reporters.
“Based on what I know, we need a lifetime, not just six months (to stay in the area). I would fight for it,” he added.
Benjamin Militar, legal counsel of the Apas settlers, said, “Acceptance would have been easier if my clients were squatters, but they’re not. They are families of retired soldiers who spent their retirement pay building the houses.”
The judge said the proposal was worth considering.
Apas settlers insist the private land is already a socialized housing site after the Cebu City Council declared it so in 1999.
They are banking on Republic Act 7279 or the Urban Development and Housing Act of 1992. which states that underprivileged and homeless citizens must be given access to land.
Under section 28 paragraph 8 the law requires the court to notify the local government unit concerned within 45 days from service of a final judgment of demolition and relocation. They said the Office of the Mayor did not receive a copy of the decision.
Militar said the court cannot interfere with the demolition because the clause was not satisfied.
Militar also questioned Mariano Godinez’s identity who was once described by his lawyer as being in his 90s and too frail to travel from Manila to Cebu.
“We have never seen Godinez physically. We’re not even sure he exists,” said Militar.
The judge questioned whether Apas settlers qualified as “underprivileged and homeless” since their lawyer said they were “families of retired soldiers.”
Palmares, meanwhile, said Section 28 of RA 7279 does not state that the city government can be given time to secure housing for the affected settlers.
He said that only the Court of Appeals has original jurisdiction over the writ of demolition and therefore has the lone authority to void it.
