Judge inspects creek site; settlers ask demolition stay

A judge handling a demolition case involving 16 settlers of Magtalisay Creek inspected the site yesterday.

Regional Trial Court Judge Soliver Peras yesterday visited sitio Magtalisay in barangay Mabolo, Cebu City where settlers filed a lawsuit against Cebu City Mayor Michael Rama and another official who ordered the demolition of their shanties.

The settlers sought a temporary restraining order on the demolition and sought damages worth P122,000 against Cebu City Mayor Michael Rama and Noel Artes, head of the  Squatter Prevention Encrochment Elimination Division (SPEED).

The settlers admitted that they encroached on the creek’s three-meter easement zone but denied that they were the cause of flooding in the area.

They said three business entities which built structures in the area are responsible for the floods.

They claimed to be beneficiaries of Republic Act 7279 or the Urban Development and Housing Act which requires local governments to provide suitable relocation sites to families displaced by demolition.

They said they reside in an unregistered lot along the Magtalisay Creek.

The settlers said the national government constructed a riprap on the side of the creek to prevent flooring.

After the riprap was built in 2003, there was no more flooding.  Due to lack of dredging in the area and the structures built by Go Sotto Milling Corp., Prince Court, and Pepsi Cola Co., flooding occurs during downpours, they said.

Last Feb, the Cebu City government sent a notice of demolition on the houses built within the creek’s three-meter easement zone.

Interior and Local Governments Secretary Jesse Robredo said local leaders should coordinate with non-government organizations in addressing the concerns of the urban poor.

“It is important that we figure out how they will listen to us and we must be challenged on how to politically motivate them,” Robredo said during the 1st Cebu NGO Summit in the Eduardo Aboitiz Development Studies Center yesterday.

Robredo said their central office coordinated with the LGUs in Luzon via an inter-barangay council tasked to  address the urban poor’s needs.  “We could propose a similar program for Cebu,” he said.