‘Apas demolition violates law’

 CEBU, Philippines - Citing violations of the Urban Development and Housing Act of 1992, the Cebu City Attorney’s Office yesterday filed a motion before the Municipal Trial Court in Cities aimed to stop the ongoing demolition of houses in Sitio San Miguel, Barangay Apas.

Represented by 10 lawyers, the CAO filed the urgent motion before MTCC Branch 6 for it to strictly observe and comply with provisions of Republic Act 7279 (UDHA Law) and suspend the writ of demolition issued.

Headed by chief lawyer Jerone Castillo, the CAO said the court violated Section 28 of RA 7279 because, among others, it did not give the Cebu City government time to provide the 157 affected families with an adequate relocation site.

The lawyers said that relocation, through the city government, the National Housing Authority and other concerned agencies, should have been resorted to first “within 45 days from the service of the final judgment by the court.”

“In the instant case, however, the Cebu City government did not receive any such ‘notice of final judgment’ from this Honorable Court,” the city lawyers said.

Signatories of the motion were lawyers Castillo, Lyndon Bernardo Basan, June Maratas, Ferdinand Cañete, Eleodoro Diaz, Carlo Vincent Gimena, Mary Ann Suson, Marie Velle Abella, Floro Casas, and Bernard Inocentes Garcia.

Castillo said they did not receive the final notice since the September 30, 2013 judgment rendered by the MTCC Branch 6 was “still on appeal”, and therefore “cannot by any standard (be) considered as final.”

The CAO further requested that implementation of the demolition order should be suspended until the identity of the affected persons and the houses to be demolished are established with absolute certainty.

The court reportedly issued the writ of demolition despite the absence of a certificate of finality and entry of judgment or decision.

It appears, the city lawyers said, that the writ of demolition was issued without the court ascertaining as to who among the defendants the decision has already become final and therefore already subject to eviction or demolition.

“Thus, there is an inherent risk that houses and structures may be demolished even if the owners of the said houses are not a party to this case or those who timely appealed the subject judgment or decision to a higher court,” read the petition.

It alleged that the March 19, 2014 Regional Trial Court demolition order even covered persons whose houses were not even situated inside contested lots 942 and 947.

Apas barangay Captain Ramil Ayuman yesterday also showed to the media a document from RTC Branch 12 Judge Estela Alma Singco’s sala naming Bradley Maños, Avelino Romero, and Gloria Ibale as covered by the demolition order when their houses were actually situated either in Lots 937 or 939.

 â€œNilawgaw kaayo. Hasta pa ang pangalan sa namatay na, ila pang giapil (Very questionable. Even the name of a resident who died already was in the order),” Ayuman said.

He said he had to intervene again when the demolition started yesterday since the camp of Aletha Suico-Magat, the supposed owner of the contested lots, had the cleared area fenced, which was stopped after those doing the work failed to present to a court order authorizing it.

The demolition is set to continue Thursday.  As of yesterday, over 50 houses have been torn down so far. (FREEMAN)