Apas residents start prayer vigil to stop demolition

CEBU, Philippines - Residents in sitio San Miguel, Apas whose houses are set to be demolished next month started yesterday a 14-day prayer vigil to implore divine intervention.

Members of the Morning Dove Homeowners and Apas Urban Land Association have been issued a writ of demolition by the Municipal Trial Court in Cities. The demolition is scheduled on March 4.

"Gusto lang namo ipaabot nga hatagan mi og saktong hustisya," said Roel Auxtero, president of Morning Dove Homeowners.

The prayer vigil would last until Feb. 17 in time for the pre-demolition conference. The Presidential Commission for the Urban Poor (PCUP) will convene the affected homeowners, barangay officials, DWUP, and the claimant of the lots 942 and 947.

MTCC Branch 6 Judge Pamela Baring issued the writ of demolition on January 23, 2014 against the occupants of the two lots. The homeowners were given 30 days to vacate upon receipt of the demolition order.

The residents were also ordered to pay P1,000 a month starting last Nov. 19, 2012 until the property is vacated, and P10,000 in attorney's fee.

Yesterday, the residents brought with them placards with the text "Aletha Magat pahawa palayo, pauli ug diin ka gikan ayaw pataka ug pangangkon og yuta."

Magat, is the heir of Anunciacion, Maria, Leticia and Cielo Ouano, reportedly the owner of the said lots.

On June 16, 2011, the Supreme Court Third Division denied the petition of Mactan-Cebu International Airport Authority and granted the petitioners (Ouano) to reconvey the parcels of land.

"Accordingly, Mactan-Cebu International Airport Authority is ordered to reconvey to respondents Aletha Suico Magat, et.al the litigated Lot. Nos. 942 and 947,' the decision read.

SC further ordered the Register of Deeds of Cebu City to "effect the necessary cancellation of title and transfer it in the name of respondents (Aletha Magat, et.al)".

The lot title with No. 107-2012000079 was transferred to Magat last Jan. 5, 2012. The title was a reconstituted title because there was no owner when it was registered on Sept. 23, 1913.

But Auxtero said that Magat is not the owner of the lot under the Land Registration Authority (LRA), thereby he said they will not leave their houses.

 "Di mi mohawa bisan pahawaon mi," Auxtero said.

Most of the affected residents have been living in the area for over 50 years.

He said the ejectment order can only be applied to those who live one year and below. Considering that they have been living over 50 years at the contested lots, he said "recovery of position" must be the case.

The homeowners are asking the city government to help them not to be evicted.

"Wa intawon mi kapadulngan, mga pobre ra intawon mi ug kasagaran sa amo (homeowners) security guard, kusinero ug sari-sari store owner lamang," Auxtero said.

Cebu City Mayor Michael Rama has already directed DWUP chief, lawyer Collin Rossell, to look into the problem.

The residents are also asking the provincial government, reportedly the owner of the lots, to help them retain their houses.

"Governor Hilario Davide III, tabangi mi sa lot 942 ug lot 947 nga iya sa kapitolyo og dili kang Magat," the homeowners said.

The contested lots were previously used by the Bureau of Air Transportation as part of what used to be the old Lahug airport which is now the Asiatown I.T. park.

In a letter dated On Feb. 12, 2013 addressed to MCIAA general manager, Engineer Nigel Paul Villarete, Paulino Entera, supervising administrative officer of the Cebu Province General Services Offices Real Estate Section, requested Villarete to return lots 942 and 947, and five other lots to the provincial government.

The residents reiterated yesterday that the province owned lots 942 and 947 as provided for under the Executive Order (EO) No. 20. In the same provision, the Bureau of Air Transportation (now MCIAA) is required to return the properties to the provincial government after the airport's relocation to Lapu-Lapu City. — (FREEMAN)