There was no restraining order issued against the scheduled demolition of the house of about 160 families in barangay Apas, Cebu City as of 5 p.m. yesterday.
But the settlers, through their lawyer Benjamin Militar, is asking the court to hold a hearing today morning so they will be able to stress out the need to halt the looming demolition.
Last Friday, Militar requested the court to issue a TRO so the demolition will be postponed.
But Regional Tral Court Judge Alexander Acosta of Branch 9 said the sheriff who was mandated to issue the writ of demolition was not impleaded in the case.
Lawyer and Cebu City Councilor Sisinio Andales, who appeared in behalf of Militar during the hearing, said the sheriff was “inadvertently” not notified about their plea for the issuance of a TRO.
But Andales said the demolition should not proceed unless the settlers will be provided with a relocation site.
Aletha Suico-Magat earlier asked the court to order the demolition of structures built inside the lot which she purportedly owned.
Her lawyer Mark Gaviola opposed the motion for TRO filed by 37 settlers.
Magat is claiming ownership of two adjacent lots measuring 17,614 square meters through a ruling by the Supreme Court.
Last Jan. 28, Municipal Trial Court for Cities branch 6 (MTCC) presiding Judge Pamela Baring-Uy issued a notice to implement a writ of demolition against 160 households.
But Apas barangay captain Ramil Ayuman said the land actually belongs to the Province of Cebu—a claim which Capitol lawyers are verifying.