100 families affected by demolition order

CEBU, Philippines — At least 100 families are affected by an order of the Regional Trial Court to demolish houses at a property owned by one Mariano Godinez in Sitio San Miguel, Barangay Apas, Cebu City.

Judge Alexander Acosta granted Godinez’ motion for the court to implement a writ of demolition dated July 20, 2010.

“It is worth to emphasize that this case has been dragging for more than 20 years and the execution of this court’s decision has been delayed. As a consequence, plaintiff is prevented from enjoying the fruits of the final judgment in his favor,” reads Acosta’s order.

It was on February 26, 2018 when Godinez asked the court to enforce the writ but the state asked that it be quashed because Lot 937 reportedly belongs to the state.

“In 1938, the Republic validly expropriated Lot 937 through Civil Case No. 781 decided by the Court of First Instance (CFI) of Cebu and paid defendant Mariano Godinez’ predecessor-interest the just compensation therefore,” the state said.

Acosta said the issues raised in the motions boil down to the sole question of whether or not Godinez is entitled to enforce the decision dated April 18, 2002 by mere motion despite the lapse of five years from the date of the decision’s finality.

Citing Republic vs. Court of Appeals, 329 Phil 115, Acosta said the execution of final judgment by mere motion may be allowed even after the lapse of five years based on meritorious grounds.

“Based on the following antecedent relevant facts of the case, the present case falls within the exception, wherein numerous motions and appeals in the appellate courts, even causing the CAs issuance of the temporary restraining order enjoining the enforcement of said decision as well as the letters of the City mayor of Cebu City and the officers of CENTCOM and PNP concerned,” he said.

Acosta said Godinez has not abandoned nor slept on his right to enforce the decision dated April 18, 2002.

Acosta said there is no need to resolve the allegation of the state.

“Taking all the foregoing into consideration, there is no need for this court to resolve further on the other issues raised by the defendant-Republic of the Philippines considering that these question and dealt on the merit of the case, and if allowed, the same would reopen the instant case, which would violate the immutability of the decision,” read the joint order.

Pasil demolition

Meanwhile, the Cebu City’s Prevention, Restoration, Order, Beautification, and Enhancement (PROBE) Team has recommended for the demolition of at least five structures on F. Rallos Street in Barangay Pasil.

PROBE Team Head Raquel Arce said she will recommend to Mayor Tomas Osmeña to issue a clearing order since the stalls are obstructing the street.

“Ipa-clear ang F. Rallos Street from any obstruction kay maoy request pod sa National Bureau of Investigation.

Mo-recommend ko ni mayor ani,” she said.

The area was where authorities arrested five people for possessing over 50 kilos meat of endangered sea turtle last Tuesday.

Aside from illegal possession of butchered sea turtles, Arce said the vendors’ stalls along the area are encroaching the road.

Arce urged everyone, especially government workers, to stop the demand of pawikan stew, adding that everyone can report to her office possible leads of selling endangered species. (FREEMAN)