Judge visits Mahiga Creek, relocation site

A JUDGE yesterday visited the Mahiga Creek, where settlers filed a lawsuit against Cebu City Mayor Michael Rama and two other officials  for demolishing their shanties in May.

One settler who runs a a bakery near the creek told the judge she earns P5,000 a day .

“They should go back to where they came from. They don’t even have to be temporarily relocated,” said Judge Soliver Peras of  Regional Trial Court (RTC) Branch 10  after inspected sitios San Isidro II and Sto. Niño in barangay Mabolo with lawyers of the city government and the settlers yesterday afternoon.

The settlers last month filed a petition to stop the city government from further demolishing their shanties and other structures built within the three-meter easement zone in Mahiga Creek.

No temporary restraining order was issued by the judge.

Hearings continue on the main petition for an injunction order.

Judge Peras arrived at  Block 27 of the North Reclamation Area (NRA) at 4:30 p.m.

He saw debris scattered on the creek, footbridges connecting shanties to the main road and concrete walls that obstruct the flow of water and mud during rains.

Alvin Santillan, executive director of the Cebu City Disaster Coordinating Council, explained  to the judge that the clearing operations were intended to clear the creek of any obstructions to the waterflow.

Late last year, a boy fell down the Mahiga Creek while playing and his remains were washed out  the seas of barangay Tangke in Talisay City, said Santillan.

Clearing operations and demolitions in Mahiga Creek are temporarily suspended due to heavy rains.

This is in line with guidelines of the Urban Development Housing law.

In a hearing last week, Peras said settlers in Mahiga Creek should leave the area since the creeks aren’t supposed to be occupied under the law.

Peras said the settlers may have come from neighboring areas and towns, and were staying at the creek for livelihood or business.

The City Legal Office said Republic Act 7279 or the Urban Development and Housing Act doesn’t require the city government to grant “permanent” relocation sites to the settlers.

Lawyer Dax Quijano, counsel for the petitioners, said the settlers are not against the eviction. they just  wanted to be relocated.

Sixteen blue tents are used in the temporary shelter in Block 27.

“We have to hold on to our tents when a strong winds blow. When it rains, ankle-deep water also enter our tents,”  Elizabeth Veloso, 49, told  Cebu Daily News.

Free water and electricity, and  portable toilets are provided in the site.

The judge said the law does not require the city government to give  permanent relocation sites to the settlers.

The judge said the city government is implementing a project to address floods.

The judge gave the parties five days to submit their memorandum before he rules on a motion to dismiss.

Named respondents are  Myoar Rama, Noel Artes, chief of the Squatters Prevention, Elimination, and Encroachment Division (Speed); and Alvin Santillana and Harold Alcontin of the disaster council.

The judge last week chided  Pagtambayayong Foundation for representing the settlers in the main case, saying the private groupd did not have legal standing. /Reporter Ador Vincent Mayol