May 7 Apas demolition stands

CEBU, Philippines - As far as the law is concerned, the scheduled May 7 demolition of houses in Lot 937 in Sitio San Miguel, Barangay Apas, Cebu City, is still on.

This after Regional Trial Court Branch 10 Judge Soliver Peras said he cannot act on the motion filed by the Office of the Solicitor General to stay the execution of writ of demolition as it was not filed before the court.

The Office of the Solicitor General, through State Solicitor Charina Soria, scheduled the said hearing yesterday.

The court did not receive the principal motion (urgent motion to stay execution of writ of demolition) filed by the Office of the Solicitor General but received a motion filed by lawyer Benjamin Militar enjoining the motion of solicitor general.

Lawyer Honorato Carlo Hermosisimo of the Armed Forces of the Philippines-Judge Advocate General’s Office manifested before the court that the Office of the Solicitor General filed a motion, however, Peras said they did not receive any.

Hermosisimo showed Peras a copy of the motion but Peras said “it was a mere scrap of paper.”

Peras said he will set the hearing of the motion once they have received their copy of it.

No one from the Office of the Solicitor General showed up in court yesterday.

In their motion, Soria stated they found new evidence to prove Lot 937 in San Miguel, Apas, was owned by the state and not Mariano Godinez.

“There are several documentary evidence which were recently unearthed that proves the Republic’s ownership of the subject property and raises very serious conjectures regarding the legality of Mariano Godinez’ Torrens title thereon,” urgent motion reads.

However, in order to present their new evidence, Soria asked the court to give them time to present it.

For having “time constraints,” the Office of the Solicitor General asked the court to stay the execution of writ of demolition for one month.

Motion

Lawyer Benjamin Militar counsel for Archangels Residents Mergence Inc. (ARMI) said he cannot understand why the court did not receive their copy of the motion when he and Godinez’ counsel Roberto Palmares received theirs.

Hermosisimo questioned the representation of Eugenio Amores and Domingo Antigua as attorney-in-fact of Mariano Godinez. He said based on the complaint filed they did not state that they have a special power of attorney.

Threats

Implementing sheriff Elcid Caballes said he will wait for the order of the court whether or not to proceed with the demolition on Monday.

Caballes also said he received a death threat via text message from an unknown sender.

“Dayuna unya ang demolis sa pitsa 7 arun mabuak ang ulo ninyung tanan,” read the message he received last May 2 at 11:16 p.m.

He said he did not report it to the authorities.

Not just search for relocation

Cebu City Mayor Michael Rama said the Cebu City government will continue to evaluate the Apas case and will try to find ways how the city can intervene.

Rama clarified that they are not only focusing on relocating the residents elsewhere but the city is exploring other legal remedies.

In fact, he said someone approached him recently claiming to have documents that may help in the case. Rama said he referred him to lawyer Collin Rosell, also chief of the Division for the Welfare of the Urban Poor.

Rama said the city will try its best to hold off the demolition on Monday.

“Whatever happens sa ilang plano, basta we, in the city government, have the duty to our constituents,” Rama said.

He admitted being somehow saddened that some of the residents think that the city government is taking advantage of the situation.

“Kung did ta manghilabot, masuko sila. Kung manghilabot ta, ingnon sad ta nga apil-apil,” he said.

Rama said that the city still has a pending motion at the Court of Appeals. He has already instructed the city legal office to be involved not just in the Apas case but in all demolition cases in the city involving the underprivileged. —/BRP (FREEMAN)