NRA residents ask court to recall demolition order

CEBU, Philippines - Residents subject of a pending demolition at the North Reclamation Area have asked the court to reconsider its decision.

Regional Trial Court Branch-7 Judge Simeon Dumdum dismissed the omnibus motion earlier filed by the owners of the 56 houses subject of a demolition order at Lot 18 Block 15 along J. de Veyra St.

The court ruled that the order which has become final more than three years ago cannot be questioned in just a mere motion. Dumdum said the motion was obviously done to extend the defendants' continued stay at the property owned by Domingo Garcia.

The affected residents asked the court to dismiss the civil case and to nullify its order. They claimed that Dumdum lacks the jurisdiction to rule on the case.

“We submit that the decision is null and void,” the defendants said.

They however failed to present arguments to support their claim on the court's alleged lack of jurisdiction.

Lawyers Manuel Inso and Johannes Ola, representing Garcia, asked Dumdum to deny the motion for reconsideration. They said the occupants were given reasonable time to remove their houses but failed.

Inso and Ola also asked Dumdum to order the police to assist the court sheriff in implementing the writ of demolition and to release the P110,000 bond.

In 2008, Garcia filed the case against the occupants citing he did not allow them to use his 810-square-meter lot. He said he demanded them to vacate but they asked for a huge amount of money for their relocation.

The parties entered into a compromise agreement in 2009 wherein the occupants agreed to voluntarily vacate the property on or before May 15, 2010. 

As compensation, Garcia gave P110,000 to Bernardino Tuico for the financial assistance to be given to the occupants.

However, the occupants failed to comply with the agreement prompting the court to issue a writ of execution in 2010.

On August 2, 2011, the court then ordered the demolition. However, after the order of demolition was issued, the occupants claimed that they did not authorize Tuico to enter a deal in their behalf.  (FREEMAN)