Pending relocation: Rama asks court to allow Apas folk to stay longer

CEBU, Philippines - No less than Mayor Michael Rama is asking the court not to demolish the houses of those occupying controversial Lot 937 in Barangay Apas until such time that the city finds a relocation site for the residents.

The Regional Trial Court earlier ordered 168 families to vacate the property after the court found that the lot is rightfully owned by one Mariano Martinez. The affected families have been living in the area since the 1960’s.

In a letter to RTC Judge Olegario Sarmiento, Rama asked that the court allow the residents to stay thereat for six months more until they can be properly relocated.

“One of my foremost and first priorities is to provide relocation site to our displaced families affected by demolition and we are trying our best to accommodate them to our Socialized Housing Program as mandated by Urban Development and Housing Act of 1992,” Rama said.

Rama said the affected families told him in person that they are all financially distressed and are still looking for a place to transfer to.

Thirty three affected residents also signed a separate manifestation, saying they are willing to vacate the premises, but could not do so immediately.

They also asked Rama, through the Division of the Welfare of the Urban Poor (DWUP), to accommodate them at any available relocation site.

Earlier, 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.

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.” It also said all improvements or constructions built by the residents “are tainted with bad faith and under 449 of the New Civil Code are forfeited in favor of the plaintiff.”

In effect, the residents are considered “trespassers or squatters” on Lot 937. (THE FREEMAN)