They had hoped for a 30-day postponement but suffered a setback yesterday when the judge made no ruling to change his earlier order to demolish houses on May 7.
Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 said he hasn’t recevied the “urgent motion to stay executiion of the writ of demolition ” from the Office of the Solicitor General (OSG) although copies were received by courier by other parties.
Many of the settlers are families of retired soldiers, officers and police personnel.
Lawyer Honorato Hermosisima, counsel of the Armed Forces of the Philippines (AFP), appeared in court and showed the judge a copy of the OSG’s pleading to give a 30-day delay, which he received from Manila last Wednesday.
He got a tongue-lashing from the judge, who said “That is a mere scrap of paper. The court hasn’t received the motion so I can’t act on that.”
The hearing was over in less than 10 minutes.
The judge said he “noted without action” the manifestation by the parties and would schedule a hearing as soon as he receives the OSG pleading.
The OSG, asked for a 30-day delay so they can show “recently unearthed documents” that “hint of the fact that the alleged Mariano Godinez did not authorize the institution of the instant case.”
Apas settlers , and recently Rep. Tomas Osmeña, insist that Godinez, the private owner of the property has not been seen for many years and may not even be alive.
Benjamin Militar, the counsel of the settlers, was dismayed by the development.
“I couldn’t understand why the court didn’t receive OSG’s motion when the parties receive a copy of it,” Militar said.
He was accompanied by around 50 affected residents.
“We are hoping the judge will hear it (OSG pleading) on Monday. Hopefully, the sheriff won’t give in,” Militar said.
Judge Peras is the “pairing judge” of RTC Branch 9 presiding Judge James Himalaloan who is on sick leave. The civil case was first assigned to Judge Jimalaloan.
Last April 20, Judge Peras gave the go signal for the sheriff to demolish structures built in the 4.7-hectare lot owned by Mariano Godinez.
He said there was no legal impediment to hold carrying out the Write of Demolition.
The court ruled that the Cebu City government failed to comply with section 28, paragraph 8 of Republic Act 7279 or the Urban Development and Housing Act (UDHA) of 1992 which mandates LGUs to prepare adequate relocation sites for qualified settlers.
Also, the judge said a 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 three-year moratorium on eviction and demolition had also lapsed.
He said the Supreme Court already ruled that the UDHA law does not apply when there is an order of demolition by the court since the period of moratorium had already expired.
In cases of eviction and demolition involving underprivileged and homeless citizens, the UDHA law states “that relocation shall be undertaken by the LGU concerned and the National Housing Authority with the assistance of other government agencies within 45 days from service of notice of final judgment by the court, after which period the said order shall be executed.”
Peras said these provisions in the UDHA law had already expired for the Apas settlers.
The court decision against the settlers was deemed final and executory on Feb. 9, 2008.
Lawyer Collin Rosell, chief of the Department of the Welfare of the Urban Poor (DWUP), argued that ownership of Mariano Godinez was not final because City Hall did not receive a copy of the court ruling.
He said a Service of Final Judgement must be made.
Lawyer Roberto Palmares, counsel of Godinez, said the settlers are not squatters but soldiers and polilce personnel.
“How can we consider soldiers to be unprivileged,” Palmares said.#d.