Apas residents ask SC to stop demolition

FAMILIES facing a court- ordered demolition in barangay Apas, Cebu City are not giving up.

The settlers, who identified themselves as members of the Archangels Residents Mergence, Inc. (Armi), filed a petition for certiorari and mandamus before the Supreme Court (SC) to stop the  demolition in favor of land owner Mariano Godinez.

Through their lawyer Benjamin Militar, the settlers are  seeking the nullification of orders of the lower court which gave the go-signal for the demolition of their houses.

The settlers asked the SC to issue a writ of mandamus to allow the reception of their evidence  to prove that the land where they have been living belongs to the government.

Named respondents in the case are Regional Trial Court Judge Olegario Sarmiento, Clerk of court Chevin Vasquez, sheriff El Cid Caballes, lot owner Mariano Godinez and the Register of Deeds.

The  Court  of  Appeals  (CA) in Cebu City earlier dismissed a petition to nulllify and set aside the writ of demolition against occupants of the 4.7-hectare lot owned by Godinez.

Certiorari and mandamus are extraordinary remedies that citizens can avail of to question the legal basis of actions  by agencies of government that would  cause irreparable damage to their rights.

In a Feb. 1, 2012, ruling Associate Justice Myra Garcia-Fernandez of the 18th division upheld a lower  court’s order for settlers to leave the land.

She said the settlers failed to show concrete proof that they have “independent or separate legal title or rights” over the property.

The lot also houses the Philippine National Police Regional Training School in Central Visayas (PNP-RTS) and less than a hectare of Camp Lapu-Lapu.

Settlers said they  built their houses in the 1960s with the permission of the Armed Forces of the Philippines.

Godinez, the owner,  filed the suit to reclaim the property  in 1997.

In 2002, RTC Judge Benigno Gaviola declared Godinez  the “absolute and exclusive owner of lot no. 937” and ordered all improvements built in the lot forfeited in favor of him. /Ador Vincent Mayol, Reporter