At tension-gripped lot 937 in Apas: Demolition starts

CEBU, Philippines — A legal battle for land possession that has spanned decades finally ended yesterday with the start of demolition of structures on Lot 937 in Sitio San Miguel, Barangay Apas, Cebu City.

Not without resistance from some residents, though.

A corporation named Mazy’s Capital Inc. reportedly bought the 4.6-hectare property, according to the firm’s representative, Edgar Erice, in a press conference yesterday.

The problem, however, is that residents who have lived in the area for many years have not been willing to vacate the area, believing the lot is owned by the government. Some 159 houses stand on the subject property.

Erice said 42 houses were demolished yesterday. With a target of demolishing 25 to 30 houses daily, they expect demolition to be completed by the end of next week.

He said there was no more delay in the demolition despite resistance of some house owners as the court order had to be implemented and respected.

Erice said that the company will be putting up a hotel, condotels, and BPO firm in the area that, according to him, will provide thousands of jobs and billions of investments for Cebu City and Cebu province.

The demolition was supposed to be implemented on October 13, 2022 but did not push through with the intervention of Cebu City Mayor Michael Rama and the creation of a human barricade by the homeowners.

Erice said the house owners have no legal grounds to stay on the property as it is owned now by a private company and not by the Cebu provincial government.

“We have been negotiating with them (residents) since 2019 to vacate the area; some agreed, some did not,” he said.

He said Mazy’s is willing to give at least P150,000 per house affected by the demolition. Even up to now, it is willing negotiate with residents and give financial assistance.

“Yes, we can still negotiate with them but I hope they will be sincere in the negotiation, not meant to delay the demolition,” said Erice, adding that some “hardcore leaders” among residents refused to cooperate with them.

Erice further said the residents are allegedly members of the urban poor as their houses are made of concrete and constructed with a building permit but without paying real property taxes to the government.

“It’s really unfair for us kasi yung company ang nagbabayad ng real estate taxes. We are contributing to the economy of the city and the province,” he said.

“Matagal na silang nakatira dyan at yun ang mahirap tanggapin. Pero mag-move on na lang sila. Help us help you,” Erice told the affected residents.

Tension

Residents tried to barricade the area but the demolition team and the police ensured the safe conduct of the clearing.

Tension arose when the demolition team entered the area greeted by bottles of water, stones, and other things being thrown at them.

At least three individuals were initially arrested by the police for disobedience and obstruction, although it was settled amicably.

Police Regional Office-7 Regional Director Brigadier General Roderick Augustus Alba and Cebu City Police Office Director Col. Ireneo Dalogdog were at the demolition site.

Dalogdog clarified that the presence of the police was to ensure everyone’s safety, adding that he instructed his personnel to observe maximum tolerance on the residents.

Over 300 police personnel were deployed in the area.

On the issue of why the demolition pushed through, Sheriff Edilberto Suarin of the Municipal Trial Court in Cities, Branch 6 in Cebu City said they were just doing their job pursuant to a court order.

‘Rule of Law’

Rama, for his part, admitted that he was not happy with the outcome, but said he was also aware that the demolition was in pursuance of the “rule of law.”

“Not quite happy but ending has to be. But no matter what, you cannot continue to be extending and extending. The city government will always be ready and the mayor will be ready to assist if the need of the situation will call for it,” Rama said on the Panaghisgot program of the Public Information Office.

Rama said the city already has a template for the kind of intervention that will be extended to the affected homeowners. He said his executive secretary, lawyer Collin Rosell, is on top of it.

Rosell, who personally went to the area along with others from concerned City Hall offices, said they could not stop the demolition anymore, especially in light of the fact that affected residents failed to secure a temporary restraining order.

“Ang role sa city government is not really nga makisawsaw ta pag-ayo sa kaso kung dili kinahanglan lang tabangan nimo ang homeless and underprivileged nga maklaro og asa sila og pa-ingnan,” Rosell said.

Relocation

A representative from the city’s Division for the Welfare of the Urban Poor (DWUP) said the city government has long allocated a relocation site for affected residents, although not in one place but in different socialized housing sites.

But Ann Martel, a leader of the affected residents, asked where exactly these relocation sites are.

Martel said the government should look closely into the issue as they strongly believe that Lot 937 is owned by the government based on a 1939 document.

The affected residents did not also hide their disappointment with how the local police office allegedly “treated” them, as well as with the supposed “absence” of the mayor.

Who owns it?

At the Capitol, Governor Gwendolyn Garcia said the Lot 937 is not owned by the provincial government.

“Wala mi labot ana. Dili na apil sa Camp Lapu-Lapu,” she said, identifying 16 lots the Capitol has earlier reclaimed from the Armed Forces of the Philippines-Central Command, Lot 937 not being one of them.

Nevertheless, Garcia learned that the administration of former governor and now Vice Governor Hilario Davide III entered an agreement with the Cebu City government for the province to provide 8,000 square meters of lot intended for the relocation of Lot 937 occupants.

Garcia said the relocation lot has been inventoried and that a homeowners’ association and a subdivision plan are now in the works.

As to where such lot is, Garcia remained unsure.

“So I looked at the agreement and I said, well, we honor this agreement. However, since wala man kakuyog ang province pag-identify asa aning dapita, I propose mag-resurvey ta kung asa gyud dapit kay akong ani gusto adto nato ni itapad sa hain populated na nga areas arun di na katag,” the governor said.

“Kaning 16 lots naay areas nga way occupants. And we would wish to set that aside para di ma-hamper atong development dinha but kung asa naa nay houses anha nato ibutang as close as possible para magrupo sila and naa tay gamayng zoning ba. So mag-resurvey,” she added. — with Decemay P. Padilla and Rowena D. Capistrano, Mitchelle L. Palaubsanon and Le Phyllis F. Antojado , JMD (FREEMAN)