Apas folk defiant, to remain amid court demolition ruling

Despite a court ruling that demolition of their houses should proceed,  residents of sitio San Miguel, barangay Apas said they won’t move out of the 4.7 hectare lot that they considered home for years.

“We won’t transfer,” said Anne Serana, secretary of the Archangels Residents Mergence Inc. or ARMI housing association whose members occupy the lot owned by Mariano Godinez.

Serana said they met to discuss their  options following the  ruling of Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 that lifted a  suspension of the demolition of their houses.

Godinez’s lawyer Roberto Palmares said his client is  open to requests from settlers to be given time  to voluntarily vacate the area.

“I think my client is receptive if only to avoid violence,” Palmares said.

But residents insisted that they should stay because the area was classified by the city government as a socialized housing site in 1999.

The judge lifted an earlier order which suspended the implementation of the writ of demolition.  Over the years, the lot near Camp Lapu-Lapu has been occupied by  families of retired soldiers and policemen.

Palmares earlier proposed a written agreement between Godinez and the residents that would confirm their willingness to vacate the lot after six months.

Benjamin Militar, counsel of the residents who belong to the Archangels Residents Mergence Inc. or ARMI housing association, declined to comment on the offer.

Rep. Tomas Osmeña of Cebu City’s south district said he is against a compromise and that residents should be allowed to stay “for a lifetime.”

Palmares said a dialogue between the residents and the owner is possible.

“I don’t want a violent confrontation. We can discuss a  relocation. This time, let’s make things clear. Let’s sign a compromise agreement,” he said.

When asked about  Osmena’s stand that residents should stay permanently, Palmares said “that means they claim they own the lot.”

Judge Peras said the Cebu City government failed to comply with Republic Act 7279 or the Urban Development and Housing Act (UDHA) of 1992 which mandates local government units to prepare relocation sites for displaced  settlers.

The judge said the 45-day period for the LGU to prepare a relocation site already expired since the main case was deemed “final and executory” in 2008.

Peras said the three-year moratorium on eviction and demolition had also lapsed.