Rama to protect Apas residents from eviction

CEBU, Philippines – Cebu City Mayor Michael Rama promised assistance for the members of the Four Roses Neighborhood Association, Inc. in Sitio San Miguel, Barangay Apas who are facing eviction from the property they have been occupying for 50 years.

The lot that the residents are using is being claimed by one Mariano Godinez, after the National Government failed to pay for it.

Rama assured that the City Government will do everything it can, that is legally allowable, to protect the residents.

One of the possible interventions they are contemplating at the City Attorney's Office is asking the court for a six-month extension. This way, the 168 affected residents will have time to voluntarily vacate the area and find a place to transfer.

Barangay Apas Captain Ramil Ayuman said they will strongly appeal before the court that the residents' rights for due process be upheld before they shall be asked to vacate the area.

The residents, he said, are builders in good faith because they had permission from the National Government when they built their houses there more than 50 years ago.

Lot 937 was supposedly an expropriated property but the government was able to give only a deposit, failing to pay for the lot in full. The owners filed a case to recover it.

The lot was reportedly identified as a socialized housing site under Resolution 99-4771 of the Cebu City Council on June 30, 1999.

Ayuman said that the residents can not be demolished without a writ of demolition issued by the court.

But Allan Mahait, Apas council member, said the court could not issue a writ of demolition without a separate court action - a motion for ejectment against the residents, which the claimant failed to file.

Mahait insisted that the court order issued last July 29 by Regional Trial Court Branch 9 Acting Presiding Judge Olegario Sarmiento did not categorically order for the demolition.

Four Roses Association former counsel Rameses Villagonzalo earlier said that some residents are thinking of filing administrative charges against Sarmiento, as well as the clerk of court and sheriff of RTC Branch 9, for ordering the demolition while 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.

"What we want is a due process for these residents. If they want to eject these people, they must follow the proper procedure in court," Mahait said.

They are hoping that an amicable settlement between residents and the owner would still be possible.

Rama said he can not promise a relocation site yet, but said he will ask the Division for the Welfare of the Urban Poor (DWUP) to see what can be done. (THE FREEMAN)