Demolition to proceed in Apas

After holding it off, the court yesterday gave the go signal to proceed with the demolition of houses in barangay Apas, Cebu City, yesterday.

In his ruling, Regional Trial Court Judge Soliver Peras of Branch 10 lifted a previous order suspending the demolition of the structures on the 4.7-hectare lot owned by Mariano Godinez, citing the absence of any legal impediment.

This occurred as Cebu City Mayor Michael Rama said he is considering to file libel charges against his predecessor, Rep. Tomas Osmeña of Cebu City’s south district, for making “irresponsible statements” against him in relation to his intervention in the Apas demolition case.

Regional Trial Court Judge Soliver Peras of Branch 10 said Cebu City Hall failed to comply with the provision of the Urban Development and Housing Act (UDHA) of 1992 which mandates local government units to prepare adequate relocation sites in case of eviction for affected settlers.

Peras said the 45-day period for the LGU to prepare for a relocation site had already expired since the main case was deemed “final and executory” in 2008. The judge said the three-year moratorium on eviction and demolition had also lapsed.

Godinez’s counsel, Roberto Palmares proposed that they are willing to allow the settlers to extend their stay in the area for the next six months.

If the settlers are amenable to the suggestion, a written agreement with the provision that they will voluntarily vacate after six months should be made.

Lawyer Benjamin Militar, counsel of the settlers, was tight-lipped about the issue. Osmeña said a compromise agreement is not possible. He said the settlers should be allowed to stay in the area for a lifetime. The Cebu City government insisted that the lot is a socialized housing site.

“We are talking on acquisition and distribution of the lot pursuant to the ordinance in 1997 that the lot is a socialized housing site, and relocation site is just second in mind,” said chief Collin Rosell of Division of the Department for the Welfare of the Urban Poor (DWUP.

Later, Rama said his lawyers are now looking into Osmena’s accusations that Councilor Edgar Labella was staging a “drama” to win the trust of Apas residents.

“I am looking for recordings of his (Osmeña’s) statements and I have my lawyers analyze it because if it merits the filing of a libel case, I will do that,” he said.

Rama said as an elected official, Osmeña should have been more responsible with his media pronouncements. “You have to be responsible. As a public official, you have to be circumspect of your statements,” he said.

Rama also clarified that he intervened in the Apas lot row “because I was asked by the affected to intervene.”

He said that 206 Apas residents signed a manifesto asking him through the DWUP to help them convince the court to delay the demolition of their houses.

Osmeña said he would welcome the libel charge since it would let the people decide if Labella is indeed misleading the people. “I have lost all my respect (especially) for Labella,” he added.

Osmeña said Labella failed to disclose that he shares a law office with Palmares. Being Palmares’ partner, Osmeña said Labella is expected to get a 10 percent share of the value of the lot in question which could be used in his election campaign.

Labella had earlier clarified that he and Palmares are not partners.  They only share an office to save on cost.

Vice Mayor Joy Augustus Young said while Labella denied any partnership with Palmares, it could not be denied that the two men cannot avoid consulting each other on their pending cases.