THE 81 illegal structures occupied by over 100 residents along Arellano Boulevard in Barangay Tejero are now safe from demolition. At least until July 26.
This after Branch 18 of the Regional Trial Court (RTC) in Cebu City granted the residents’ appeal for a 72-hour temporary restraining order (TRO), for the deferment of the demolition of their homes covered within the two-meter sidewalk beginning July 23.
The over 50 affected residents went to the court on Monday assisted by their counsel, Vincent Isles, to ask for the TRO since the Cebu City’s Prevention, Restoration, Order, Beautification Enhancement (Probe) team was supposed to resume with the demolition by yesterday, July 24.
The demolition of the illegal structures was first set on July 10 but was ordered to be deferred for two weeks by Mayor Tomas Osmeña after about 100 residents requested for further dialogue with the City Hall.
The affected residents maintained that their houses should not be demolished unless the city duly complies with the guidelines set by Section 28 of the Urban Development and Housing Act (UDHA) which mandates that there should be adequate consultation and relocation provided by the government prior to the eviction.
“Two of the eight mandatory requirements for the execution of eviction and demolition orders involving underprivileged and homeless citizens as given in Section 28 of the UDHA had not also been complied: (1) the requirement on adequate consultation (Sec. 28(2)); and (2) adequate relocation, whether temporary or permanent,” read an excerpt of the Civil Case filed by the residents against Osmeña and Probe team Chief Raquel Bohol-Arce.
While the residents got a reprieve until Thursday, Isles admitted that the residents may still lose their houses unless the court will issue an extended 17-day TRO or an injunction until the requirements of Sec. 28 of the Urban Development and Housing Act are complied with.
Isles however, said that they are still hopeful that the court will look into the welfare and rights of the affected residents
“I will leave it up to the good judgment of the court,” said Isles.
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