No demolition sked yet for Luz fire victims

There won’t be any demolition of houses in three sitios affected by last week’s fire in barangay Luz, Cebu City, anytime soon.

The Regional Trial Court of Branch 11 called on the 32 families in sitios Nangka, Lubi and Mabuhay in barangay Luz to vacate the government-owned lots ahead of the demolition.

“I hope violence will not erupt during the demolition,” said RTC Judge Ramon Daomilas Jr. in an interview yesterday.

Sheriff Joseph Olmedo will visit the area today to inquire if there are families who are willing to vacate the area.

“From there, it’s up to the sheriff to do what he ought to do. I don’t want settlers to be displaced without affording them the right process. I pity them,” Daomilas said.

In a separate interview, Olmedo said the demolition order stands.

Olmedo yesterday went to the Cebu City Police Office to request for police assistance during the implementation of the demolition.

Under Republic Act 7279, otherwise known as the Urban Development and Housing Act, the eviction of demolition of underprivileged and homeless citizens can be made only during regular office hours from Mondays to Fridays.

“The court has given the parties up to May 15, 2012, to voluntarily vacate the said area. All parties are informed in advance that the May 15, 2012, deadline cannot and will not be extended,” Daomilas said in his order dated March 5.

The settlers, represented by 18 persons, filed a civil suit in court for “partial annulment of contracts and certificates of title with injunction and preliminary mandatory injunction.”

Named defendants in the case were the Province of Cebu, the Cebu city government, the National Home Mortgage Finance Corp., Sitio Lubi Homeowners Association Inc., Sitio Nangka Homeowners Association Inc and Sitio Mabuhay Homeowners Association. Inc.

The plaintiffs claimed to be actual bona fide occupants of the province-owned lot in barangay Luz, Cebu City.

They said they were placed or relocated to barangay Luz by the government in 1956.

On Dec. 3, 1990, the Provincial Board and then Cebu Gov. Emilio Osmeña approved a resolution authorizing the governor to sell the lots as appraised to the actual occupants on the province-owned lot.

They said unknown to them, the province entered into an agreement with the Cebu city government which introduced a “community mortgage program” in the province-owned lots.

The program paved the way for urban poor to acquire their homes through a 25-year amortization plan and allowed the city to organize them into homeowners associations.

The plaintiffs were informed that only members of the incorporated homeowners associations could purchase their homesites.

They said they didn’t join because the conditions for membership were “onerous.”

The court eventually ruled against their favor. In 2010, the Supreme Court ruled with finality upholding the demolition order.

The families met with Mayor Michael Rama to ask for the city’s intervention on their behalf.

Rama said he ordered the Division of the Welfare for Urban Poor to prepare the necessary legal intervention before the court.

“The court sheriff cannot proceed with the demolition since they lost their homes to the fire,” he said.  Ador Vincent Mayol, Reporter