Capitol urged to step in on land dispute in brgy Apas

VIGIL. Children join their parents in a rally against the implementation of a court order for them to leave their houses at sitio San Miguel in barangay Apas. (CDN PHOTO/ JUNJIE MENDOZA)

Residents of the two parcels of land in sitio San Miguel in  barangay Apas in Cebu City  expressed opposition to the order of the court for them to vacate their homes.

Barangay Apas captain Ramil Ayuman is supporting the residents, saying the questioned property belongs to the Cebu provincial government and not the claimant, Aletha Suico-Magat.

Ayuman is asking the Capitol to intervene on behalf of the residents.

The Municipal Trial Court for Cities branch 6 (MTCC) presiding Judge Pamela Baring-Uy issued a notice to implement a writ of demolition last January 28 against 160 households.

Carrying placards, the residents yesterday barricaded their homes.

Baring-Uy has given the residents 30 days to voluntarily demolish their homes.

“In this connection, you are hereby given 30 days to voluntarily remove/demolish all your structures found in the premises in question. If you fail to comply with this notice, the undersigned will implement the writ of demolition on March 4, 2014 at 8:30 o’clock in the morning,” said Sheriff III Edilberto Suarin.

The property, with lot numbers 942 and 947, are being claimed by Suico-Magat, who sought court intervention.

According to  barangay captain Ayuman, Suico-Magat had obtained favorable decisions from the Supreme Court and started the ejectment proceedings against the occupants.

However, Ayuman said that he believes that the land actually belong to the province of Cebu.

“The lots are owned by the province of Cebu, by virtue of Executive Order 20, wherein the lots are acquired by the province from the national government, and which lots were then used previously by the Bureau of Air Transport as Lahug Airport, however the said lots have not been returned and has been claimed now by some private individuals,” Ayuman said. Ayuman is now asking the provincial government to intervene in the case. He said they will also be asking the court for a possible temporary restraining order or to issue an injunction.

Executive Order 20 dated 1918 lists the two lots as owned by the province of Cebu.