Luz demolition stalled

There won’t be any demolition of houses in barangay Luz, Cebu City, at least until June 1.

Regional Trial Court (RTC) Judge Ramon Daomilas of Branch 12 directed Sheriff Joseph Olmedo to first consult with the lawyers and officers of the homeowners’ association, and local barangay officials in the area.

The judge said the discussion should focus on the “reasonableness and practicality of conducting a demolition at this time” since the barangay was struck by fire on May 11.

“The sheriff is given 15 days to make the consultation and render a report and recommendation on the readiness and practicality of implementing the demolition,” said Daomilas in an order last Thursday.

The 32 affected families in sitios Nangka, Lubi and Mabuhay in barangay Luz were given a chance by the court to voluntarily vacate the lots ahead of the demolition.

The sheriff went to the area to get the response of the settlers.

But no one manifested willingness to leave the area. Despite this, sheriff Olmedo said the demolition order stands.

He asked for security from the Cebu City Police Office in implementing the demolition.

Last Wednesday, 56-year-old Nora Larbo, one of the affected residents, died of a heart attack. Her family said she was upset by the damage caused by the fire and anxious about the planned demolition.

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 Capitol, Cebu City Hall, 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 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 Division for the Welfare of the Urban Poor (DWUP) started interviewing the 32 households in Barrio Luz, Cebu City to be affected by the demolition for their inclusion in the relocation list to be submitted to the Local Housing Board.

Ulysses Ting, community affairs officer of DWUP, said the list will be screened by the Beneficiary Screening Committee (BSC) to determine if the households are qualified as beneficiaries.

The sitios to be affected by the demolition are sitio Nangka with six households, Mabuhay with 11 households and Lubi with 15 households.

“We are not obliged to give relocation sites to the extended families and renters because only the structural owners are allowed for relocation,” he said.

Barangay Budlaan, a mountain area, was identified as a relocation site. Reporter Ador Vincent Mayol and Correspodent Tweeny M. Malinao