Apas brgy captain, 3 others charged over demolition

CEBU, Philippines - A civil case for certiorari and injunction was filed against Apas barangay captain Ramil Ayuman and three others to stop the demolition of a multi-purpose stage owned by a homeowners association.

The Mahayahay Homeowners Association Inc. (MARAI) represented by Ma Linda Paracuelles alleged that Ayuman ordered the demolition of the stage.

“Despite several pleas to hear petitioner’s side to defer any demolition of the subject property the respondent persisted foisting documents he wangled through false and misleading pretenses and false information and falsely claiming an authority to demolish,” the complaint reads.

Aside from Ayuman, Councilman Jorge Dicdiquin, Cebu City Police director  Sr. Supt. Mariano Natuel, and Pepito Suello, president of the Federation of Barangay Apas Residents Association, Inc. (FBARAI), were also named respondents.

The petitioners accused the respondents of grave abuse of discretion. The homeowners association said that the stage was not a public nuisance, therefore cannot be summarily demolished.

The petitioners said that Ayuman sent a letter on June 18, 2013 addressed to former provincial treasurer Atty. Roy Salubre requesting for a copy of deed of donation/consent and sketch plan of lot 1107 in Sitio Mahayahay for the construction of multi-purpose day care center.

In the said letter, it alleged that the building to be constructed will expand an existing stage. The letter was approved by Salubre.

However, Ayuman applied for a demolition permit duly sworn and notarized before notary public Wilfredo Sentillas and has filed before the Office of the Building Official of Cebu City.

“On the basis of said application, a demolition was issued on April 18, 2013 addressed to Ayuman, signed by the City Building Official, Kenneth Carmelita Enriquez granting a permit to demolish,” the complaint reads.

Acting Mayor Joy Augustus Young on May 22, 2013 issued a cease and desist order against the respondents to stop the demolition. But despite such order, Ayuman “maintained his stand to demolish” while Natuel allegedly allowed his men to cooperate in the destruction of the multi-purpose stage. The stage existed since 2004.

Petitioners said the respondents were able to fully demolish the multi-purpose stage and started the construction of their intended project but then acting Governor Agnes Magpale ordered to stop the construction.

The petitioners said that Ayuman has no court order when he made the demolition. The homeowners association is asking the court to issue a preliminary injunction against the respondents.

The petitioners also asked P400,000 in actual, moral, and exemplary damages including  attorney’s fees and litigation expenses.

Ayuman said he has yet to receive a copy of the complaint but vowed to answer it in the proper forum. (FREEMAN)