City files urgent motion to stop Luz demolition

CEBU, Philippines - After the court issued an order of demolition to the residents of three sitios in Barangay Luz, the City of Cebu filed an urgent motion to stop the execution of the demolition.

Mayor Michael Rama enjoined all the affected families to attend a mass today to be offered at the Mabolo Church for a favorable decision from the court that is set to hear the City's motion tomorrow at 8:30 a.m.

  On September 21, 2012, Judge Ramon Daomilas of Regional Trial Court of Branch 11 issued an order stating the schedule of demolition, which is September 24.

  “Records show that as of this date, the City Legal Officer failed to inform the court as to the final position of the City Government relating to the issue on whether to expropriate or not the lots occupied by the parties' subject of demolition,” the order reads.

“Priority should be given attention to this matter since it involves the rights of a citizen to shelter and any delay by the local authorities will also cause delay in the court process which the court can no longer tolerate,” Daomilas added.

 Daomilas stated that he already gave the City Government enough time.

 On the same date of the issuance of the order, the City of Cebu through counsel Leslie Reyes filed an urgent motion for the issuance of a status quo order and to stay execution and demolition.

  She said that during the last hearing, the court ordered the counsel of the Homeowners Associations (HOAs) to furnish the Office of the Division for the Welfare of the Urban Poor (DWUP) the list of the people who are “to take over and/or allocated with the lot now in the possession of the actual occupants.”

  However, she said the HOAs failed to do the same. With the non-compliance on the part of HOAs, Reyes said “it blocks the proper negotiation regarding the purchase of the said lots.”

 “The lack of urgency and leniency on the part of the HOAs to abide with the standing order of the court or to coordinate is just natural as they come not directly affected as they do not establish their dwelling units or residence in the said place until the present,” the urgent motion reads.

  Moreover, Reyes said the City Council has no final declaration yet on whether the mayor will be authorized to purchase the property.

 “The plight of the poor is not only the concern of the Office of the Mayor but the whole humanity at large. The mandate for social justice from our fundamental law is everyone's responsibility,” the urgent motion reads.

 The affected families are from Sitios Mabuhay, Nangka and Lubi. Earlier, they filed a civil case for injunction and preliminary mandatory injunction against their homeowners association seeking for partial annulment of the contracts and certificates of title.

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

 Daomilas set the hearing of the urgent motion on September 24, 2012 at 8:30 a.m.

Rama asked all the affected families to attend a mass today to be offered at the Mabolo Church.

The one month extension the city government asked is to seek more time to convince the city council to expropriate the lots or buy it from the Homeowners Association so the affected families can pay directly to the city.

It shall also give the DWUP more time to negotiate with the assume's of the lots to convince them to sell their lots back to the original beneficiaries who have nowhere else to go if the demolition proceeds.

The DWUP is exploring on negotiating directly with the assume's and bypass the Homeowners Associations (HOAs) that have made up its mind not to accommodate the affected families.

In its motion, the city government asked the court to compel the HOAs to comply with the order of the court to submit the names of those who assumed the slots. Such non-compliance by the HOAs, DWUP said, is also delaying the city's move to negotiate with the assume's.

Ulysses Ting, Community Affairs Officer said that the council has also contributed to the delay in informing the court the city's final position on the matter.

He said the Local Housing Board has already endorsed the acquisition of property and already endorsed to the council to provide the mayor the authority to negotiate, but it was only returned by the council.

The council's committee on housing Chairman is Councilor Alvin Dizon. One of the members of the council, Councilor Nida Cabrera is also president of one of HOAs in barrio Luz that expressed opposition to expropriate the lot.

Mayor Rama remains positive that the court will favor the affected families but at the same time instructed DWUP to prepare in case the court decides otherwise.  (FREEMAN)