Mahiga residents sue Rama, others

CEBU, Philippines - Residents of Sitio Magtalisay in Barangay Mabolo have filed a civil suit against Mayor Michael Rama and other officials to stop the demolition of their houses along the bank of the Mahiga Creek.

The suit asks the court to intervene in the implementation of the writ of demolition.

Aside from Rama, included in the suit are Noel Artes, head of Squatters Prevention Encroachment Elimination Division (SPEED), and the Solicitor General.

Residents said they are seeking the help of the court to stop city officials from demolishing the structures along bank of the creek as the city has not offered a relocation site and financial assistance to those who will be displaced.

The residents said they received the notice of demolition of houses and other structures on February 17, 2011 and March 28, 2011 from Artes. This covers structures within three meters from the creek.

They added they were given 15 days from receipt of the said notice to voluntarily demolish their houses and if they fail to do so, then the SPEED will demolish the structures.

Through their counsel the plaintiffs sent a letter to Mayor Rama last March 9 to manifest that they have no objection to the demolition. But, they also suggested that instead of demolishing the structures the city can look into increasing the height of the rip-rap on the creek’s bank.

They, however, said the Office of the Mayor and the SPEED have expressed “that it was not inclined to provide legal or financial assistance to the affected families.”

The plaintiffs are Lalaine Aliganga, Jenelyn Alinganga, Gina Arceo, Kristine Bargamento, Sofronio Batuto, Jr., Angelina Calamba, Raul Oplado, Sr., Carmelita del Mar, Lorna del Mar, Lourdes del Mar, Librada Jumao-as, Alfredo Llemit, Rosa Maria Jumao-as, Eduardo Llemit, Christopher Manatad, Estrella Maraba, Jefrey Nuñal, Helen Opolentisima, Edwin Opolentisima, Rhea Remetio and Jenifer Segovia.

In the complaint, they stated their houses were encroaching three-meter radius on one side of the creek. They said the owner of the lot is the Republic of the Philippines and not the City of Cebu.

They added they were already residing in the area before the Republic Act 7279 otherwise known as Urban Development and Housing Act of 1992 was passed into law.

Plaintiffs said it was the National Government, which constructed the rip-rap on the side they are occupying to prevent the flooding.

“That after the completion of the rip-rap project sometime on 2003 or thereabouts there was no more overflow of waters from the creek and the flooding of the area was prevented,” plaintiffs said.

However, they said because of lack of dredging or clearing of the creek plus the bridge traversing the creek and the construction of milling corporation and a motel covering a portion of the creek, they now experience overflowing of water.

“The waste waters could no longer freely go with the waters and instead accumulated beside the bridge, thus causing the water to rise and overflow the rip-rap and flooding the area where plaintiff’s houses are located,” they explained.

Plaintiffs asked the court to act on their complaint and to direct the city officials not to demolish their houses if the city cannot comply with the requirements of the law.

They also collectively asked defendants Rama, Artes and the Solicitor General to pay P100,000 for moral damages for sleepless nights and mental anguish.

They also asked for P20,000 for attorney’s fee plus P2,000 for every appearance of their counsel and P20,000 for litigation expenses.—/NLQ (FREEMAN)