Help of city government sought on Apas land row

CEBU, Philippines – Barangay Apas will seek the help of the city government on the plight of at least 168 families who are feared to lose their homes after the court ordered them to vacate the property being claimed by one Mariano Godinez.

"Dili na nako pasagdahan ang mga residente diri. Mutabang gyud ang barangay and we will ask help from the Cebu City government," Ayuman said.

The families have occupied Lot 937 since the 1960's, but Regional Trial Court Judge recently ordered them to vacate the property. Branch 9 acting presiding judge Olegario Sarmiento issued the order last July 29. 

In a separate interview, Four Roses Association former counsel Rameses Villagonzalo said some of the residents affected by the order are contemplating on filing administrative charges against Sarmiento, as well as the clerk of court and sheriff of RTC Branch 9.

Villagonzalo contended that the residents are not party to the case filed by Godinez.

"The case is filed against the Republic of the Philippines and the Philippine National Police. The residents are not party to the case. Unya karon nga naay order nga demolition, ipa-demolish sila. That order is not binding because the association is not a party to the case," Villagonzalo said.

Villagonzalo clarified, however, that the association no longer exists due to deficiencies in their resignation with the Securities and Exchange Commission. He said his firm still represents individual members of the group, depending on who seeks their services.

Earlier, the residents filed a petition for prohibition with the Court of Appeals against Godinez and Branch 9 court sheriff Antonio Bellones. It was Bellones who presented the first execution order dated March 5, 2010 to the occupants of Lot 937.

The residents contend that they believed the government had already expropriated the property when they decided to occupy thereat. The lot was reportedly identified as a socialized housing site under Resolution 99-4771 of the Cebu City Council on June 30, 1999.

But Sarmiento ruled that the court's earlier decisions on April 18, 2002 and Feb. 9, 2008 were upheld with finality by the appellate court.

The CA has recognized Godinez as the "absolute and exclusive owner of Lot 937, with all the attributes and accessory rights of an absolute owner." (THE FREEMAN)