Rama and Arce sued over “illegal demolition”

CEBU, Philippines - Some residents of Barangay Lorega-San Miguel whose houses were demolished by the Cebu City government has filed a civil case before the Regional Trial Court against Mayor Michael Rama and his demolition team head, Raquel Arce.

At least 13 residents of Sitio Phantom - Margarita Arnoza, Lourdes San Felipe, Victorio Fernandez, Grace Marie Cabucos, Dolores Gaviola, Estarlita Mailig, Joan Coyoca Bacus, Lee Bacus, Rafel Vailoces, Julian Vailoces, Josephine Mendoza, Rabaira Recla, and Vivica Arnoza Carin - filed the petition for certiorari, prohibition, and mandamus against the two city officials.

The complainants are asking that a temporary restraining order will be issued against the respondents. They are also demanding P300,000 actual, moral and exemplary damages as well as attorney’s fee.

The complainants claimed to be in possession of parcels of lot in the said barangay after being awarded of the right to occupy the property or being the successors-in-interest of the original awardees in 1969.

On March 18, 2014, a fire hit Barangay Lorega-San Miguel which affected hundreds of residents in eight sitios and thousands of individuals were left homeless.

Fortunately, the complainants were spared from the raging fire. However, Rama ordered the demolition of their houses to give way to a re-blocking project in the area. The residents were offered P10,000 financial assistance and a 12-square meter lot each for them to rebuild their house.

   “This was the unkindest cut of all. Without any consultation, their fortunes have been left to an uncertain future,” the complaint read.

The complainants asked the court to declare the respondents act as “illegal and null and void.” They added that the demolition of their houses has violated their constitutional rights.  They are likewise asking the court to order the city government to restore the houses which have been demolished and allow them to stay in the area. The court has given the respondents 15 days to answer the complaint.  (FREEMAN)