State of demolition subjects assessed

CEBU, Philippines - After learning abut the situation of Barangay Luz residents affected by a pending demolition, Regional Trial Court Judge Ramon Daomilas directed the court sheriff to determine the “readiness and practicality of implementing the writ.”

In a one-page order, Daomilas directed Sheriff Joseph Olmedo to coordinate with the barangay’s officials and submit his report and recommendation within 15 days.

Last Wednesday, Daomilas visited Barangay Luz and personally saw the area affected by the fire last May 11, which left over 570 families affected.

Three of the 32 families whose houses are subject for demolition were also affected by the fire. Should the court issue a demolition order, the three families can no longer rebuild their houses.

“The court finds it necessary to direct the sheriff to consult with the local barangay officials and the officers of the homeowners association and counsels and the concerned parties as to the practicality of conducting a demolition,” Daomilas’ order reads.

Meanwhile, Daomilas also requested the Philippine National Police (PNP) through Police Regional Office (PRO)-7 Chief Superintendent Marcelo Garbo Jr., to assist Olmedo in serving the writ of demolition once the court decides to issue an order.

The case stemmed from the refusal of the subject families to be part of the homeowners’ association and the Community Mortgage Program. The families want to pay directly to the city government and not through the homeowners association. 

They filed a civil case for injunction and preliminary mandatory injunction against their homeowners association and sought for a partial annulment of the contracts and certificates of title.

The defendants of the case are the Sitio Nangka Homeowners Association Inc., Sitio Mabuhay Homeowners Association Inc., Sitio Lubi Homeowners Association and the Province of Cebu.

The three sitios Mabuhay, Lubi and Nangka were once part of the lots covered by Provincial Ordinance 93-1 but were turned over to Cebu City through a deed of assignment issued during the time of former governor Emilio Osmeña.

The families affected by the pending demolition are from Sitio Mabuhay (11 families), Sitio Lubi (15 families), and Sitio Nangka (six families)—(FREEMAN)