Judge inspects site in lawsuit against city

CEBU, Philippines - Regional Trial Court Branch 10 Judge Soliver Peras inspected homes near Magtalisay Creek in Sitio Magtalisay, Barangay Mabolo, Cebu City, yesterday afternoon in relation to a civil case filed against the City Government.

Lalaine Aliganga and 15 others filed a civil case against Cebu City Mayor Michael Rama and Squatters Prevention Encroachment Elimination Division head Noel Artes for demolishing their houses allegedly without giving relocation and financial assistance.

The 16 residents sought the intervention of the court to stop the city government from implementing the writ of demolition and to issue a temporary restraining order and preliminary injunction.

They claimed that they are beneficiaries of Republic Act 7279 also known as the Comprehensive and Continuing Urban Development and Housing Program as they were underprivileged and homeless citizens.

The residents likewise asked for 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.

The city government, seeking the dismissal of the case, said the residents violated the three-meter radius encroachment from the creek.

“A motion to dismiss is filed for failure to state a cause of action and that the same is devoid of merit and to consolidate the instant case,” the city attorney said.

During the inspection the media noticed that houses were built along the creek where the riprap was constructed.

Some of the residents of Magtalisay claimed during heavy rains the water will overflow the banks.

The 16 residents, however, said the reason for the overflowing was the lack of dredging as well as the construction of a bridge traversing the creek. – (FREEMAN)