Human barricade stops demolition

CEBU, Philippines - The over 200 individuals whose houses in Barangay Capitol Site are subject of a demolition order from the court yesterday succeeded in preventing the court sheriff from implementing the order.

The temporary reprieve was also made possible because of the intervention of the Cebu City government and the barangay officials.

Court sheriff El Cid Caballes made several attempts to implement the demolition order issued by Regional Trial Court Judge Wilfredo Navarro on March 27, 2014 against the houses of 283 individuals living along Don Gil Garcia Street but the residents barricaded their houses preventing the demolition team.

Caballes said he will again implement the order today but the residents vowed to continue their barricade. Sanlakas Secretary-General lawyer Aaron Pedrosa said the residents will continue holding human barricade to prevent the demolition team from destroying their houses. Pedrosa is also representing the residents in court.

He said the residents were denied of their right to due process because of the “unlawful demolition order.”

 Pedrosa said the affected residents should not be included in the writ of demolition since the area where they are staying is a public domain and not part of the private lot subject of the civil case.

In fact, the Department of Environment and Natural Resources-7 allegedly attested that the area subject of the order is indeed a government lot.

“Without prejudice sa order ni Judge Navarro, ang inyong nakita nga bakante nga yuta, mao na ang subject sa maong kaso. Gi-implement na ang demolition didto kay na-issue na ang writ of demolition didto. Karon, nisulod ang sheriff, iyang gipatuman ang demolition diri sa tapad nga yuta. Kining tapad nga yuta is not part sa 6085-A-1 lot, which is a private property. Ang tapad nga yuta is public domain. Walay titulo and walay nakapangalan bisan og kinsa dinha,” he said.

Pedrosa said these residents were not even included in the original complaint since they are not occupying the 6085-A-1 lot, which was covered by the writ of demolition executed last year.

Pedrosa said these residents were not even included in the pre-demolition conference last year. He said Caballes cannot show the technical description of the lot which is the subject of the demolition.

“This is a lot that is not included in the original writ of demolition decision. To implement that decision would be to deprive almost 200 families and their homes to deny them of due process. Wala sila gikihaan, wala pa gi-apil sa pre-demolition conference,” he said.

Caballes said he is just implementing the order of Navarro.

Matt Ranillo Vergara, president of Capitol Site Public Domain Homeowners Association, said the group has already asked the Court of Appeals to review Navarro’s order.

“Dili man ingon na musupak mi, ang amoa lang na katong naa sa sulod, i-demolish ninyo, katong mga nagpabayad, i-demolish ninyo. Kaming wala nanawat, ayaw mi ninyo i-demolish,” he said, adding that over 30 families already received payment from the claimant but their houses were not demolished yet.

Barangay Captain Manuel Guanzon said the barangay has applied for a special patent for the 4,750 square meters which will be used for barangay hall, school, and other government infrastructure as well as medium-rise condominium for the residents.

“Wala pa may ownership ani, status quo unta. Dili man sila kapakita ug proof of ownership. Unsaon pag-decide sa demolition nga wala man gani sila kahibaw kinsay tag-iya, siya ray nagbuot-buot,” he said.

Tension

At least 30 policemen from Police Station 2 and Special Weapons and Tactics were deployed yesterday to maintain peace and order after the residents resisted the demolition.

Officials of the Cebu City government led by lawyers Janeses Ponce, Collin Rosell, and Dominic Diño were also sent by Mayor Michael Rama to the demolition site to assist the residents.

Ponce, head of the Land Management Council, said the demolition should not be implemented without the consent of the city government since it involves public domain.

Rosell, head of the Division for the Welfare of Urban Poor, yesterday sought clarification with Navarro. He said the court should issue a clarification of the order before any demolition should be implemented.

Navarro, however, told them that there was already a decision on the case by the Municipal Trial Court in Cities. The decision was appealed before his sala.

Navarro, in his order, said the area was an “abandoned river bed which adjoins 6085-A-1.”

“Under Article 461 of the New Civil Code of the Philippines which provides that ‘river beds which are abandoned through natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost’, said portions or area therefore, now belong to the plaintiffs since the latter area the owners of lot 6085-A-1,” read the order.

A certain Mauricio Quijada has claimed ownership of the lot 6085-A-1.— (FREEMAN)