Demolition of houses in Sitio San Miguel to continue today after Cebu City RTC rules in favor of lot owners

CHARGE OF THE LIGHT BRIGADE. A thin brick wall stands between residents of sitio San Miguel in barangay Apas, Cebu City and a team of demolition men on a mission to clear the area of structures. (CDN PHOTO/JUNJIE MENDOZA)

Vangie Adonay, 30 burst into tears as a demolition crew started tearing down the houses standing next to theirs in sitio San Miguel in barangay Apas, Cebu City at past 2pm yesterday.
Adonay was among the residents of houses erected on lot 942 who have been in a tense standoff with the private-hired demolition team since early yesterday morning.

Residents of 160 houses built on the lot owned by Aletha Suico Magat were banking on the hope that the Cebu City Regional Trial Court will grant their petition for the court to stop the demolition. Judge Alexander Acosta of the Cebu RTC Branch 9, however, dismissed their petition for the issuance of a temporary restraining order (TRO).

The court’s decision was relayed to the court sheriff in the afternoon, who in turn gave the green light for the demolition to proceed.

“Wala mi kahibaw nga karon gyud dayon. Gi-ingnan man gud mi nga nagsige pag negotiate. Pero if dayon, mohangyo unta mi ug gamay extension para kami lang moguba sa among balay,” she told Cebu Daily News. (We didn’t know that it would really push through right now. We were told that negotiations were still ongoing. But if it was to push through, we would have requested a little extension so we can destroy our houses ourselves)

Tension further heightened when the demolition team started to move in and went on to dismantle two houses.

The first structure to go down was a boarding house for call center agents.

Residents, many of them hurling invectives, tried to block the wrecking crew. The presence of policemen in riot and SWAT gear however, prevented the tension from snapping into violence.

Temporary halt

Apas barangay captain Ramil Ayuman managed to pacify the residents after he succeeded in convincing court sheriff, Edilberto Suarin, to halt the demolition at 3pm.
They agreed to allow the demolition to proceed at 8:30 a.m. today.

Earlier in the day, Mayor Michael Rama, together with Councilor Hanz Abella and Jade Ponce of the Land Management Board, went to the area and appealed to the court sheriff not to proceed with the demolition until after the court rules on the TRO petition.

Judge  Acosta of Cebu RTC Branch 9  denied the plea of 37 settlers to stop the demolition of their houses as well as those residing at the lot claimed by Magat.

In his order, Acosta said he could not issue a temporary restraining order (TRO) or a preliminary injunction because the pleading filed by the legal counsel of the settlers did not implead the sheriff of the Municipal Trial Court in Cities (MTCC) who was mandated to implement the demolition.

Under the Revised Rules of Civil Procedure, “no preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined.”

“A perusal of the instant motion would readily show that Sheriff Edilberto Suarin of MTCC Branch 6, who is the person or the party to be enjoined, was not notified in the heairng set by the defendants-movants not was he impleaded as nominal party to the instant case and motion. Corollary, this court has not acquired jurisdiction to enjoin Sheriff Suarin from enforcing and implementing (the writ of demolition),” the judge explained.

Also, Acosta said the settlers “failed to manifest willingness” to put up a bond as provided under the law.

Bonds are posted to compensate the enjoined party for damages or losses caused by the TRO or injunction should it later appear that the moving party was not entitled to an injunction.
Copies of the court order was released to the parties past 2 p.m. yesterday.

The judge said the urgent motion for TRO or injunctive relief filed by the settlers’ lawyers was anchored on allegations that the decision of the court which originally handled the case was “null and void” as it did not acquire jurisdiction over the case.

But had he issued a TRO in favor of the settlers, Acosta said he would, in effect, dispose the main case. Magat is claiming ownership of two adjacent lots measuring to 17,614 square meters through a ruling by the Supreme Court.

Last Jan. 28, MTCC Judge Pamela Baring-Uy of Branch 6 issued a notice to implement a writ of demolition against 160 households. But Apas barangay captain  Ayuman said the land actually belong to the province of Cebu—a claim which Capitol lawyers are still verifying. The settlers had appealed the case before the RTC.

Last Friday, the settlers’ lawyers requested the court to issue a TRO so the demolition will be postponed.

Despite the limited time before the scheduled demolition, Judge Acosta said he accommodated the pleading as he conducted a hearing last Monday.

However, he was surprised when the pleading did not implead the sheriff who was ordered to implement the demolition.

Acosta said he mandated Magat’s lawyers to file a comment or opposition to the TRO which the latter complied.

On the other hand, the judge said he ordered the settlers’ lawyers to file their response to the statement of Magat’s lawyers.

However, Acosta said lawyers Benjamin Militar and Alvin Canta, the counsel of the settlers, instead filed an omnibus motion for clarification, reconsideration, and suspension of the writ of demolition.

Cebu City Councilor Sisinio Andales, who appeared in behalf of Militar during the hearing, said their camp failed “inadvertently” failed to implead the sheriff in filing their motion for the issuance of a TRO. But Andales said the demolition should not proceed unless the settlers will be provided with relocation.

“We want to pursue our plea for the issuance of a TRO due to the urgency of the matter. Imagine the irreparable damage on the part of the settlers if this demolition will push through,” he said.