Demolition in Barangay Apas, wrecking crew caught stealing

CEBU, Philippines - The second day of the demolition in Sitio San Miguel, Barangay Apas, Cebu City was interrupted yesterday after two members of the wrecking crew were caught stealing from one of the destroyed homes.

Court sheriff Edilberto Suarin suspended the tearing down of houses at 11 a.m. after learning what happened and ordered the accounting of the 200-man team.

The demolition crew members were asked to present identification cards, with only 24 being able to. With just 24 men, Suarin proceeded with the demolition at 2 p.m., destroying five houses so far.

Lawyer Jade Ponce, Cebu City Mayor Michael Rama’s executive assistant, said they are suing Suarin over the incident.

“Dako ang iyang tubagunon kung naay mangawala diha (It is his responsibility if there are possessions that go missing) because it’s his command responsibility. He has to account his people; he should be responsible,” Ponce said.

He said that since they could not file charges against the minor suspect, they would instead go after the court sheriff.

He said they would file charges for child endangerment, child abuse and child employment against Suarin, who earlier declared that he would assume responsibility over the demolition team.

“We admit na dili maka-stop sa demolition ang pag-file ug case sa sheriff, but at least it will open his eyes to be circumspect in implementing the demolition,” said Ponce.

Meanwhile, Cebu Governor Hilario Davide III, said the Capitol has found no basis for it to lay claim on Lot Nos. 942 and 947, but added that the province is doing its best to help the displaced residents.

He said that based on documents Mactan-Cebu International Airport Authority General Manager Nigel Paul Villarete forwarded to his office, there is no basis for the province to pursue ownership of the said lots.

The governor said the properties were “re-conveyed” to the previous owner, Aletha Suico-Magat, after it was abandoned by the National Airport Corporation (NAC) when the airport was moved to Lapu-Lapu City. NAC reportedly acquired Lot Nos. 942 and 947 for airport expansion, which did not materialize as the entire airport was moved to Lapu-Lapu.

Davide said the private properties used by the Lahug airport were expropriated, but since they were no longer used as intended for, they have to be returned to their previous owners by way of reconveyance .

“Kinahanglang ibalik sa tag-iya (The properties have to be reconveyed to the owners) and this is one of those cases,” he said.

Davide, though, that the province is trying to know who actually owned them before Suico-Magat, especially that there are also documents, like Executive Order 20 signed by Governor General Francis Burton Harrison in the early 1900s, that prove that the lots were owned by the province.

He said they are helping the residents by verifying if the lots were province-owned before Suico-Magat came to possess them.

“If there is basis we will act accordingly,” he said.

Lawyer Benjamin Militar, who represents the residents, also said yesterday that they filed a partial motion for reconsideration after the court denied their urgent motion to stop the demolition.

In denying the motion to stop the demolition, Regional Trial Court Branch 9 Judge Alexander Acosta said the residents failed to manifest their willingness to post bond fixed by the court to spare them from a demolition while the ejectment case is pending appeal.

Acosta likewise ruled that the court cannot prevent Municipal Trial Court in Cities (MTCC) Branch 6 Sheriff Edilberto Suarin from implementing the writ of demolition for lack of jurisdiction.

Militar, though, said their partial motion includes an amendment of their motion. In their latest motion, he said the residents are not asking the court to enjoin Suarin sheriff, because he is only doing his official duty.

Instead, the residents asked for the nullification of the decision of Judge Pamela Baring-Uy of MTCC for lack of jurisdiction.

Militar said that they had raised the matter to Judge Uy that MTCC has no jurisdiction over the ejectment case because the claimant, Aletha Suico-Magat,  failed to take legal action against the occupants of Lots 942 and 947 during their first year of occupancy.

Jurisdiction, therefore, falls under the Regional Trial Court, he said, adding that his clients have been living in the aforementioned place since 1960’s.

As to the looting incident, policemen and barangay tanods detailed to maintain order during the demolition arrested a 16-year-old member of the demolition team after the minor was caught stealing electrical wires from the house of Vangie Adonay, one of the affected residents.

Michael Puno, a barangay tanod, said they immediately accosted the minor but they failed to catch his cohort, who jumped out of the window  bringing Adonay’s blower and hair iron with him.

Adonay, a hairstylist, was very angry over the theft.

“Nawad-an pa ko’g balay, ila pa kong gikuhaan og panginabuhian. Pinondar gyud nako ‘tong mga butanga. Makalagot kaayo,” lamented Adonay, a mother of five.

Her family will file a case against the minor, who was temporarily detained at the Mabolo Police Station.

Suarin suspended the demolition after receiving a complaint from Ayuman and Ponce.

In an interview with The FREEMAN, Suarin said he was not the one who hired the workers, but the camp of Suico-Magat.

In response, Suarin said the City Hall and Apas can check the workers’ background as this is no longer part of his job as a court sheriff.

The demolition will continue today until the residents can secure a temporary restraining order that they are requesting from the court.

Lot 942 and 947 were originally owned by spouses Santiago Suico and Antonina Rosal as evidenced by TCT No. RT-6065 and TCT No. RT-6066, respectively.

Sometime in 1949, the National Airport Corporation (NAC) pursued a comprehensive program for the proposed expansion of the now defunct Lahug Airport.

The government had initiated expropriation proceedings and on December 19, 1961, the Court of First Instance of Cebu rendered a judgment in favor of the government but with buy-back assurance.

At the end of 1991, Lahug Airport completely ceased its operations and the expropriated properties were never used.

On February 8, 1996, the heirs of Santiago Suico led by Suico-Magat filed a civil suit against the government for refusal to reconvey the properties, which informal settlers began to possess.

On October 7, 1998, the Regional Trial Court (RTC) directed the MCIAA to reconvey the properties to Magat and seven of her siblings, free from liens and encumbrances.

MCIAA appealed the decision but the Court of Appeals (CA) affirmed the RTC decision on January 14, 2005.

On September 21, 2005, the MCIAA filed with the Supreme Court a petition for review of the CA’s decision but the highest court still affirmed the same on February 9, 2011. — /RHM (FREEMAN)