CEBU, Philippines - The demolition of 56 houses at Lot 18 Block 15 along J. de Veyra St. in the North Reclamation Area in Cebu City is set to push through.
This after Judge Simeon Dumdum of Regional Trial Court Branch 7 ordered the demolition of the houses after he denied the omnibus motion filed by the settlers who sought to recall the writ of demolition and dismiss the civil case filed by Domingo Garcia.
In their omnibus motion, the settlers questioned the compromise agreement signed by the parties on Oct. 29, 2009. They claimed that they did not authorize Bernardino Tuico to represent them in the deal with Garcia.
However, in his one-page order, Dumdum ruled to deny the omnibus motion citing the motion was filed merely to allow their continued stay in the property.
“The decision in this case having become final more than three years ago, it cannot be assailed by mere motion, omnibus or not,†the order read.
In 2008, Garcia filed a case against the occupants citing he did not allow them to use his 810-square-meter lot.
He said he demanded that the occupants vacate the property but the latter asked for a huge amount of money to be used for their relocation.
In their reply, the occupants said that they were only occupying 380 square meters of Garcia’s property and those who did not occupy the subject property should not be included in the demolition.
In 2009, the parties entered into a compromise agreement wherein the occupants agreed to voluntarily vacate the property on or before May 15, 2010. As compensation P110,000 was given to Tuico for the financial assistance to be given to the occupants.
Reportedly, the occupants failed to comply with the agreement prompting the court to issue a writ of execution and implemented it on Oct. 21, 2010. On Aug. 2, 2011, the court then ordered the demolition.
However, after the order of demolition was issued, the occupants informed the court that they did not authorize Tuico to represent them in the deal, thus the deal was void.
In his answer, Garcia cited that the deal was two years ago and the occupants should have raised the issue beforehand.
Dumdum ruled to deny the omnibus motion saying it came too late. (FREEMAN)