Residents want judge to inhibit from case

CEBU, Philippines - Residents of Sitio San Miguel in Barangay Apas, Cebu City, who are subject of a demolition, wants Regional Trial Court judge Alexander Acosta to inhibit from presiding over their case.

“Movants (residents), therefore, most respectfully move for a reconsideration of the order dated May 14, 2014, and for the immediate inhibition of the Honorable Presiding Judge and to recuse from further presiding over this case including the present incident, in order to avoid any further suspicion of partiality,” the omnibus motion reads.

While their appeal for an ejectment case is still pending in court, the residents filed an urgent motion to suspend the execution of the demolition order, but this was, however, denied by Acosta of Branch 9.

The 39 families, through their legal counsel, lawyer Benjamin Militar, questioned why Acosta could not suspend the order issued by the Municipal Trial Court in Cities (MTCC) for the demolition of their houses.

“It is therefore quite so disheartening that this court, unmindful of its responsibility as the upholder of the social justice doctrines of the law and the constitution, has turned a blind eye and a deaf ear on the simple requests for a just and humane treatment of urban poor settlers like the movants and those similarly situated in this case,” they expressed.

The resident further complained that the court “failed to inquire” as  to what extent the execution of the lower court’s judgment has gone so far by MTCC Branch 6 sheriff Edilberto Suarin.

“The court has adopted a hands-off policy as if the execution of the lower court’s judgment is already final, and the sheriff is answerable only to the lower court which incidentally has lost jurisdiction over this case, jurisdiction being lodged with this court,” the omnibus motion further reads.

Earlier, the residents filed a partial motion for reconsideration after their urgent motion for preliminary injunction with prayers for the temporary restraining order was denied by the court.

Acosta, in his order, cited two grounds.

He said the court has no jurisdiction over the sheriff, whom the residents sought to enjoin to stop the implementation of the demolition order; and the residents failed to post bond to spare them from the demolition while their appeal is pending.

Militar, however, said that 29 defendants were able to post bond and are seeking for MTCC Branch 6 Judge Pamela Baring-Uy to lift the ejectment case filed by 942 and 947 lot claimant, Aletha Suico-Magat.  (FREEMAN)