As far as court sheriff El Cid Caballes is concerned, there won’t be a demolition of homes in a private lot in sitio San Miguel, barangay Apas Cebu City today.
Still, Caballes requested the court for police assistance in the demolition which has yet to be scheduled.
The court sheriff revealed to media several text threats he received last week.
The families, all members of the Archangel Residents Mergence, Inc. (ARMI) held an overnight vigil at the basketball court.
ARMI president Ignacio “Jun” Labro told Cebu Daily News that Apas Barangay Captain Ramil Ayuman met with the families to reiterate a non-violent stance towards the demolition.
“We asked the residents to stay watchful,” Ayuman said.
While he described the residents as “calm” and “relaxed”, Ayuman said violence cannot be ruled out especially if the sheriff “insisted” on carrying out the demolition order.
“We ask that the demolition not push through and the Solicitor General be given a chance to present their evidence,” Ayuman said.
In a sworn affidavit, Caballes said he received one text threat at past 11 p.m last Wednesday.
The message reads: “Dayuna unya ug demolis sa petsa 7 arun mabuak na ang inyong mga ulo.!” (Go ahead with the demolition on May 7 and you’ll break your head).”
But Regional Trial Court (RTC) Judge Soliver Peras didn’t act on Caballes’s motion after it was filed by lawyer Piedad “Bingo” Gonzales, who didn’t file an entry of appearance that would allow her to enter pleadings on behalf of Caballes.
Chevin Vasquez, clerk of court of RTC branch 9, said he advised Caballes to appear before the settlers today even if he won’t serve the demolition notice yet.
Caballes scheduled the demolition today after Peras gave him the go signal last April 20.
But Vasquez said Caballes won’t be liable of defying the court’s order if he won’t implement the demolition today.
Ayuman said he’s not trying to scare Caballes when he said that violence may break out between the demolition team and the residents.
“When a person is deprived of his right, something untoward might happen,” he said.
The barangay captain distributed ten more fire extinguishers to the settlers in case an arsonist attacks their neighborhood. Ayuman sadi several “suspicious looking” men have been roaming their area.
Ayuman said barangay councilor Joel Trumpeta, one of the affected residents will attend a court hearing held by Judge Peras on the demolition case.
The Court of Appeals (CA) recently affirmed the ownership of Mariano Godinez over the 4.7-hectare lot presently inhabited by the settlers, most of whom are families of retired soldiers, officers and police personnel.
Court of Appeals Associate Justice Niña Antonio-Valenzuela denied the motion for reconsideration filed by ARMI.
Their counsel Benjamin Militar said they will contest the ruling before the Supreme Court (SC).
The Office of the Solicitor General (OSG) wanted to intervene in the case but its “urgent motion to stay executiion of the writ of demolition ” wasn’t received by the court yet.
Militar said he was informed that OSG’s pleading was filed through “registered mail” which will take longer before it reaches the court.
He said he requested the OSG to send another copy of the motion to the court.
Godinez’s counsel Roberto Palmares said OSG’s pleading is a “mere scrap of paper” until the court receives it.
He said he doesn’t want any trouble during the demolition.
He said he earlier offered to extend the stay of the settlers for six-months as long as they enter into a compromise agreement in which they pledge to voluntarily leave the area when the extension expires. /Ador Vincent Mayol and Jessa Chrisna Marie J. Agua