Court consolidates Mahiga Creek settlers' case

CEBU, Philippines -  The civil case filed by some Mahiga Creek settlers against Cebu City Mayor Michael Rama has been forwarded by Regional Trial Court Branch 14 Presiding Judge Raphael Yrastorza to the Office of the Civil Records so that it may be consolidated with the civil case in RTC Branch 10.

Lalaine Aliganga and others filed a civil suit against Rama and Noel Artes, head of the Squatters Prevention Encroachment Elimination Division (SPEED) for declaratory relief and damages with prayer for a writ of preliminary prohibitory injunction and a restraining order.

Plaintiffs in their complaint said they are “underprivileged and homeless citizens” and are beneficiaries of Republic Act 7279 also known as the Comprehensive and Continuing Urban Development and Housing Program.”

They claim that during the demolition of their houses, the City Government did not give any relocation and financial assistance.

The plaintiffs were residing along the creek at Sitio Magtalisay, Mabolo, Cebu City. They claimed they built their houses in unregistered land belong to the Republic of the Philippines and not City of Cebu.

“The plaintiffs’ houses are encroaching the 3-meter radius on one side of the creek, ownership of which belongs to the Republic of the Philippines, not to the City of Cebu,” the complaint reads.

Plaintiffs said that before RA 7279 was passed in congress, they already lived along the creek which they claimed was the reason why the National Government constructed a rip-rap to prevent flooding.

They added that since 2003, there was no more overflowing of water in the area.

However as years passed, with the lack of dredging of the creek as well as the construction of a bridge traversing the creek, they now experience the overflowing of water.

Plaintiffs said the reason of the overflowing of water was because the waste could no longer freely flow because of some barriers.

They said the SPEED demolished their houses without giving any assistance.

“We sent letter to mayor Rama manifested we offer no objection as to the demolition and removal of structures and suggested that instead of demolishing the structures found within the 3-meter radius from the creek, the rip-rap already installed be increased in height to prevent the flooding of the area,” they said.

However, plaintiffs said Rama and the Office of the SPEED said that they were “not inclined to provide legal or financial assistance to the affected families.”

They likewise asked for the TRO and preliminary injunction to be issued against the City to stop the demolition.

Plaintiffs collectively asked Rama and others to pay them P100,000 for moral damages, P20,000 for attorney’s fee and P2,000 for every appearance fee of their counsel and transcript of every proceedings worth P20,000.

Acting Branch Clerk of Court Teotimo Vallar II of RTC Branch 14 forwarded the case based on the order dated October 21, 2011 for the consolidation. — (FREEMAN)