Apas lot row, settlers seek TRO from court to stop demolition order

CEBU, Philippines - Some of the residents of Barangay Apas, Cebu City whose houses are due for demolition next week yesterday filed a petition before the Regional Trial Court seeking for a temporary restraining order to stay the demolition and declare an earlier court ruling null and void.

Lawyer Benjamin Militar, who represents 50 of the 157 residents facing demolition order in Sitio San Miguel, asked the court that a preliminary injunction will also be issued.

 â€œWe’re asking for a temporary restraining order and preliminary injunction, asking the court to declare the judgment of (Municipal Trial Court in Cities) Judge Pamela Baring-Uy null and void for lack of jurisdiction,” Militar said.

The petition is scheduled for hearing on Monday, a day before the scheduled demolition.

Uy earlier issued a writ of demolition against the occupants of lots 942 and 947 after the claimant, Aletha Suico-Magat, won in the eviction case. The affected residents contested the court ruling and insisted that Magat is not the real owner of the property.

According to them, the properties are owned by the provincial government of Cebu based on the Executive No. 20 signed by Gobernador Heneral Francis Burton Harrison in 1902.

Militar and some of the affected residents yesterday visited Governor Hilario Davide III to ask for help.

“We have also sought the help of Governor Davide because we have documents as well as their own documents that tend to show that these properties really belong to the provincial government. This may be subject to a separate case that will not affect the present case. Our concern is really to prevent the demolition on Tuesday,” he said.

Militar said they have also asked Department of the Interior and Local Government Secretary Mar Roxas, through former Cebu City Rep. Tomas Osmeña, to help the residents.

The lawyer believes that Magat’s title of the properties “may be a questionable title.”

Davide said the Capitol will have to find those purported documents that will support the claims that those properties are owned by the province.

“That’s the direction (helping the residents) kung naay document. Based from papers, letter addressed to MCIAA. If we could establish that we have a basis to participate sa kaso. Pero tun-an tana,” he added.

On February 13 last year, the province wrote a letter to Mactan-Cebu International Airport Authority General Manager Nigel Paul Villarete asking the said agency to return lot numbers 942, 947, 956, 960, 964, 978 and 985, which used to be the old Lahug airport.

The Capitol said since the property, of which huge part is now the IT Park, is no longer used as an airport it must be returned to its former owner, which is the province of Cebu.— (FREEMAN)