Taguig warns Army vs Libingan eviction

MANILA, Philippines - The Philippine Army should not push through with its scheduled eviction of some 2,000 families from the Libingan ng mga Bayani this Monday, the Taguig City government said yesterday.

The Philippine Army’s Task Group Bantay (PATGB), in a notice of eviction dated May 22 and signed by Capt. Edgar Torre, advised the residents to dismantle their homes and voluntarily leave within seven days of receiving the notice.

According to the notice, the task group said the residents have “illegally occupied” Katipunan Village, which is composed of Sitio Masagana, Sitio Masigasig, Sitio Maliwanag and Sitio Matatag in Barangay Western Bicutan.

The land is “government property for National Shrine purposes pursuant to Presidential Proclamation 208 series of 1967,” the notice read.

The eviction notice added that the Supreme Court (SC) third division declared in its July 21, 2006 decision that Katipunan Village is indeed part of Libingan ng mga Bayani.

The PATGB, in the eviction notice, added that the SC’s first division, on June 5, 2013, denied for lack of merit the petition by the Nagkakaisang Maralita ng Sitio Masigasig for the reclassification of the area as alienable and disposable land. The Army said the decision became final on Aug. 5, 2013.

In its notice, the task group also said the eviction and demolition on Monday will be done in coordination with the city government.

No coordination, consultation

However, Taguig City Mayor Lani Cayetano said no coordination or consultation was made by the task group with the city government on the eviction and demolition on Monday.

“The meeting you called on May 21 can hardly qualify as coordination. During that meeting, you merely announced that the demolition will push through. The local agencies registered their strong objections and reminded (the task group) of the Urban Development and Housing Act (Republic Act 7279) and its implementing rules and regulations,” Cayetano said in her urgent letter to Col. Ramon Estella, the task group’s commanding officer.

Cayetano’s letter was personally delivered by Taguig city officials and leaders of the affected community to the PATGB’s headquarters yesterday afternoon.

“You simply ignored their objections and reminders and declared that you would rather face the charges that would be hurled against you in court. In other words, you made it appear in your notice of eviction that you have consulted the matter with the local government when in fact, no consultation transpired,” she added in her letter to Estella.

Cayetano also reminded the task group that the SC decision is silent on the eviction of any party.

“In fact, PATGB has not produced any writ of execution or demolition. The decision by itself does not give imprimatur for PATGB to evict residents and demolish their homes,” she said.

Illegal demolition

Cayetano said the Army’s scheduled demolition on Monday is illegal as it violated the RA 7279, particularly on its failure to serve the 30-day notice to the residents, lack of consultation with the affected families, failure to conduct a pre-demolition conference, failure to provide any relocation, and failure to secure a certificate of compliance.

Cayetano added that should the demolition push through, the PATGB would also violate the Constitution.

The PATGB said it is not covered by RA 7279, but Cayetano said while a provision of the law provides that lands used as cemeteries and memorial parks are exempt from the coverage of the law, “the area being occupied by the residents of Katipunan Village is merely ‘reserved’ and has not been primarily and actually used as a national shrine.”

“The residents even question the fact that parts of the Libingan ng mga Bayani were used for other purposes such as the operation of a private sewerage treatment plant,” Cayetano said.

Leaders of the affected communities said they will not allow the demolition to happen and are prepared to erect barricades on Monday, if needed. According to the community leaders, the families in the affected area – mostly retired soldiers and their families – were granted permission by the Army to erect houses in the 1990s.

Cayetano said that should violence erupt on Monday, the PATGB will be held accountable by the city government.

“We cannot close our eyes to the untold sufferings that the demolition would cause on the residents. We cannot also discount the possible occurrence of violence that can compromise public safety. Considering the foregoing, we demand that you desist from evicting the residents and demolishing their homes. Needless to stress, we will hold you accountable for the consequences of your actions. We trust that we have made our position clear,” she said.