Apas demolition sheriff sued

CEBU, Philippines - A case was filed against the court sheriff in the Barangay Apas, Cebu City lot controversy before the Office of the Ombudsman-Visayas yesterday.

The criminal case was filed by a resident of sitio San Miguel, Barangay Apas, whose house was one of those demolished on March 4 upon the instruction of Sheriff Edilberto Suarin of the Municipal Trial Court in Ci-ties Branch 6.

Leo Dioquinio, the complainant, said Suarin violated Republic Act 7279 or the Urban Development and Housing Act of 1992.

“The demolition was executed in a drastic, unjust and improper manner,” claimed Dioquinio.

Among others, the resident said he personally did not receive a notice from the sheriff about the demolition of his house so he was not able to save anything from and the wrecking crew were not properly identified.

Some 50 members of the crew destroyed the houses when Suarin have agreed with Apas barangay captain Ayuman that only ten persons would enter and destroy every house.

One of the crew members, who was later found to be a minor, stole items from his house while the demolition was ongoing, said Dioquinio.

Suarin’s alleged violation for employing a child in the wrecking crew prompted the labor department to use a stoppage order, but the court sheriff still continued with the demolition.

“While it is true that sheriffs must comply with their mandated ministerial duty to serve court writs, execute all proces-ses and carry into effect all court orders promptly and expeditiously, it needs to be pointed out that this ministerial duty is not without limitation,” said Dioquinio.

In his complaint, he contended that sheriffs, as agents of the law, are called upon to discharge their function with due care and utmost diligence.

Ayuman, who served as witness to Dioquinio’s complaint, affirmed his constituent’s claims.

“While dunay katungod si (Aletha) Magat, naa sad katungod ang atong mga tawo, respetaran sad sa court unta. Mas maayo sampolan ning sheriff para malikayan na di mabuhat sa uban,” said Ayuman.

Ayuman also assisted Dioquinio in filing an administrative complaint for grave misconduct against Suarin before the Supreme Court on Wednesday.

Over 50 houses have so far been demolished in the contested lots 942 and 947 in sitio San Miguel since the irregular demolition process in March 4.

Magat, the lot claimant, wants all 157 houses in the lots demolished.  (FREEMAN)