Mahiga settlers seek TRO against Rama
OVER 2,000 families living in he Mahiga Creek in barangay Mabolo, Cebu City sought a temporary restraining order (TRO) in court to stop the demolition of their houses.
The petition was filed yesterday on behalf of the settlers by the Pagtambayayong-A Foundation for Mutual Aid Inc. represented by its president Francisco “Bimbo” Fernandez.
They also sought an injunction to permanently enjoin the respondents from evicting them.
Named respondents were Mayor Michael Rama and Noel Artes, chief of the Squatters Prevention, Elimination, and Encroachment Division (Speed).
Also cited in the suit was Alvin Santillana and Harold Alcontin of the Cebu City Disaster Coordinating Council.
An administrative case against them was filed before the Office of the Ombudsman in the Visayas last Friday.
Article continues after this advertisementThe petitioners said the demolition was carried out in violation of their rights as settlers in the creek for the past two decades.
Article continues after this advertisementThey claimed to be qualified beneficiaries of the socialized housing program under Republic Act 7279 or the Urban Development and Housing Act of 1992.
The law requires local governments to provide suitable relocation sites to families displaced by demolition.
The petitioners said the respondents are undertaking demolitions without providing them “relocation facilities.”
They also decried the presence of a backhoe in the creek in violation of the law which prohibits use of heavy equipment in effecting demolition.
The Mahiga Creek passes through five sitios in barangay Mabolo: Sindulan, Lahing-lahing, San Isidro, Holy Name and Magtalisay.
The city’s demolition team already cleared the Mahiga Creek located sitio San Isidroo II of 35 illegally built structures since the start of the clearing operations on May 2.
In yesterday’s press conference held by Mayor Rama, Santillana explained that water outlets constrict downstream due to the presence of illegal structures.
He said the city government’s clearing operations will also include other owners of structures located along waterways.
Rama denied there was no consultations with Mahiga Creek settlers prior to the demolition.
Rama said discussions on the demolition started in 2006 yet with the passage of a resolution by former councilor Hilario Davide III.
He said it was former mayor and now Rep. Tomas Osmeña of Cebu City’s south district who signed a demolition order against 32 families in Mahiga Creek.
Artes said dialogues were held with the Mahiga creek families and notices issued prior to the demolition of structures in sitio San Isidro II.
He said the families also used their structures for their livelihood like a vulcanizing shop, videoke bar and sari-sari store.
He said Natalio Icot, a 74-year-old man who breathes using an oxygen tank, owns two more houses on the other side of the creek that he gave to his children.
Icot also has two other children who are working abroad.
“But he doesn’t want to live with his children because he wanted to die at his home,” Artes said.
He also said Icot refused their offer to bring him to a hospital.
Collin Rosell, head of the Department for the Welfare of the Urban Poor (DWUP), said sitio San Isidro residents were already offered accommodation at the St. Michael Village, a socialized housing site in San Jose, Talamban.
He said there were 79 lots in Talamban that are ready for occupancy and may be assigned to the Mahiga Creek residents.
Mahiga Creek occupants were already given application forms.
Rosell said the UDHA qualifies only those residing on the sites they occupy prior to the passage of the law on March 28, 1992.
He said most of the families in Mahiga Creek lived there for at least five years.
