CEBU, Philippines - Twenty nine families whose houses in Barangay Luz are subject for demolition are asking the court to defer enforcement of the demolition order.
The families claimed that the relocation site in Barangay Duljo Fatima is not ready for occupancy. The court has ordered to have their houses demolished on July 6, 2012.
“On June 28, 2012, members of the Cebu City Division for the Welfare of the Urban Poor (DWUP) brought us to Barangay Duljo-Fatima. We were told that it was the proposed relocation site. However, we noticed there were occupants in the area and that their houses have to be demolished before we can occupy,” their letter reads in Cebuano.
The affected families are currently residing in Sitios Mabuhay, Lubi and Nangka.
“Under the law, no demolition will be implemented unless there is a relocation site,” their letter reads further.
In a press release, the Task Force on Urban Conscientization (TFUC), said it would be “illegal, immoral and transgression against the teachings of the Lord” if the demolition will push through despite the absence of a relocation site.
“We also reiterate our call to stop all demolitions; instead the government should involve the poor and other sectors in charting a comprehensive alternative development plan, the benefit of all especially the majority are poor,” the statement reads.
The affected families filed a civil case for injunction and preliminary mandatory injunction against their homeowners association seeking partial annulment of the contracts and certificates of title.
The case was filed against the Sitio Nangka Homeowners Association Inc., Sitio Mabuhay Homeowners Association Inc., Sitio Lubi Homeowners Association and the Province of Cebu.
The three sitios 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 affected families refused to be part of the association and the Community Mortgage Program availed by their organization as they want to pay directly to the city government instead of paying to the association.
Lawyer Collin Rossel of DWUP told The FREEMAN that the search for a suitable relocation site for the affected families is ongoing. Three sites are being eyed but the areas are also occupied.
“Lisud pagpangita og relocation site dili madali-dali ang process,” he said.
He said that if the city government would accede to defer the implementation of the writ of demolition, the formal motion should be filed by the city lawyers and not by DWUP.
— (FREEMAN)