Judge: Let Mahiga settlers, not foundation, sue
THE private foundation that went to court to stop the demolition of shanties of Mahiga Creek settlers was told to stay in the background and let the occupants purse the case.
“The intervention can be denied for misleading the court. Helping the urban poor is a noble act. There is no argument to that. However, (Pagtambayayong) is not following the rules of court,” said Regional Trial Court Judge Soliver Peras of Branch 10.
“If they are going to help, the name of the petitioners (settlers) should be mentioned in the case, not Pagtambayayong.”
In yesterday’s hearing, the judge said Pagtambayayong and its president, former Cebu City administrator Francisco “Bimbo” Fernandez, should “remain in the background, hiring lawyers in behalf of the petitioners.”
Pagtambayayong Foundation for Mutual Aid Inc. filed a petition for a temporary restraining order and injunction to stop the demolition order of Mahiga Creek shanties ordered by Cebu City Mayor Michael Rama and press for their relocation.
No TRO was granted by the judge.
In yesterday’s hearing, he advised Mahiga settlers to return to “where they came from.”
“Under the law, creeks are not supposed to be occupied,” he said.
“Maybe, these settlers are just from neighboring areas and towns. Maybe, they are using it (Mahiga Creek) for their businesses. They should go back to where they came from. They don’t even have to be temporarily relocated,” the judge said.
Pagtambabayong, represented by its president Fernandez, in interview said he filed the court case because the settlers needed help in asserting their right to relocation.
The foundation’s petition sought to pave the way for at least 49 settlers to intervene in the case.
On the other hand, City Hall lawyer Leslie Ann Reyes said Pagtambayayong has no legal standing to be a petitioner in the case because the foundation is a “juridical entity and is separate from its members.”
She asked the court to dismiss the petition for not containing a cause of action.
She said the settlers’ occupying the Mahiga cree was “illegal” and a “public nuisance.”
She said the Cebu City government observed due process of law in dealing with the settlers by sending them notices to vacate and providing “temporary” shelter in the North Reclamation Area.
