20-day moratorium sought, City Council questions Citi Center demolition

CEBU, Philippines - Lawyer Benjamin Militar, counsel of the affected residents, said the government did not follow the rules provided in the ordinance when it started the demolition. Last year the City Council passed the Ordinance No. 2356 known as “An ordinance Imposing a Moratorium on Demolition in the City Center Complex, Cebu City” which outlined certain conditions for demolition.

Among the conditions are adequate consultations with the settlers, identification of the latter’s relocation site and representation in the Task Force organized under the ordinance, from the informal dwellers themselves, and the National Housing Authority.

“None of which (conditions) was never complied by the City, (sic),” Militar said.

Section 28 of the Republic Act 7279 known as “Urban Development and Housing Act of 1992” states that demolition may be allowed “when government infrastructure projects with available funding are about to be implemented.”

Based on reports, the city government is planning to build two five-storey condominiums in the area – one is for the City Hall employees and the other is for the qualified residents of the barangay. However, Militar said that there is no specific funding yet on the said project.

Mayor Michael Rama said funding will just follow. Yesterday, he showed to reporters the artist perspective of the building to be constructed in the area.

The law also states that in the execution of eviction or demolition orders involving underprivileged and homeless citizens, there should be “notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition and adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated.”

Due to the alleged violations, the City Council set an executive session on Monday for PROBE chief Raquel Arce to explain the matter.

“Wala man ni sunda ni Raquel Arce. We must not allow this to happen,” Councilor Alvin Dizon, who heads the Committee on Housing said.

Militar said the only basis of Arce in starting the demolition last August 18 is that the structures are nuisance. Article 694 of the Civil Code, section 3 of City Ordinance No. 1481 and section 28 of Republic Act 7279 allow demolition of nuisance structures.

According to Militar, the demolition did not have the approval of the mayor.

The Freeman tried to contact Arce for her side but calls went unanswered.

The council also requested the executive branch to suspend the demolition for 20 days. However, Rama said he still have to meet with the officials involve on this matter.

The affected residents are now staying in the tents provided by the City Disaster Risk Reduction and Management Council. The residents filed a petition in 2012 against the city government asking the court to issue a Temporary Restraining Order and a writ of preliminary inhibitory injunction.

The residents described the act of the government as “illegal and without basis” under the Urban Development Housing Act and the Local Government Code.

According to them, the previous owner of the complex allowed them to stay in the area since they were paying their monthly rentals. They started living in the area in the year 2000.

The property, however, was forfeited in favor of the city government sometime in 2004 after the former owner failed to pay taxes. The petition was dismissed by the court last year. —(FREEMAN)