Ceasefire in Apas demolition
The property dispute in the former Lahug airport reservation in barangay Apas in Cebu City yesterday took one twist too many as the demolition of the houses built in the sprawling property was again halted, this time by the labor department.
A representative of the Department of Labor and Employment yesterday went to the demolition site in sitio San Miguel and ordered court sheriff Edilberto Suarin to stop the demolition following reports that there minors among the wrecking crew.
For employing minors, the court sheriff implementing the demolition of more than a hundred houses in sitio San Miguel in barangay Apas was ordered by the labor agency to stop pending an investigation on the complaint.
“Our office has received reports that there are minors in the team of demolition workers,” said Russel Cañete, senior labor and employment officer of the labor department.
On Wednesday, a demolition team member was collared by police after he was allegedly caught stealing from one of the houses being demolished. The arrested worker was taken to the Mabolo Police Station where it was discovered that he was just 16 years old.
Court sheriff Suarin admitted that the worker was indeed a minor, but reasoned out that there were no more minors among the workers yesterday.
No houses were demolished yesterday morning except for two whose owners opted to voluntarily destroy their houses.
Collin Rosell, head of the Division for the Welfare of the Urban Poor (DWUP), told sheriff Suarin that they need to profile and provide a valid identification to the over 200 workers hired for the demolition. Rosell also convinced the sheriff to forego the demolition as he was supposed to attend a hearing in court on another petition for a temporary restraining order filed by some lawyer Feliciano Payot.
Tension flared when Suarin ordered the wrecking crew to get moving at around 1:30 p.m.
Jade Ponce of the Land Management Board, DWUP’s Rosell and Apas barangay captain Ramil Ayuman rushed to the site of the disputed property and confronted the court sheriff.
Rosell and Ponce threatened Suarin with a citizen’s arrest should he refuse to heed the DOLE’s stoppage order. A heated argument ensued prompting Rosell, a lawyer, to start reading the Miranda rights on the court sheriff.
“You have the right to remain silent… anything you say or do may be used against you in a court of law … you have the right to an attorney…”
The sudden twist prompted the sheriff to stand down and retreat to the City Hall command post where he was to meet with the DOLE representative.
Suarin however, left in a huff after speaking to somebody on his mobile phone.
A few minutes later, the demolition team moved in and started dismantling a two-story house owned by Benjie Uraca.
“I talked with the sheriff and I agreed that I will just accept the assistance (from the owner). But I was surprised when he let the demolition workers inside even if we still haven’t fully agreed on what to do,” Uraca told Cebu Daily News.
He said he was left helpless as the police barred him from going near his house.
The demolition team was supposed to prioritize demolishing houses whose owners have already accepted cash from the lot owner Aletha Suico-Magat while houses whose owners have paid a supersedeas bond in court won’t be demolished.
Insp. Vincent Zozobrado, the police ground commander, admitted that they are “sandwiched” on the situation.
“At one end the sheriff wants to enforce the court order while on the other, the city officials want it to be suspended,” he said.
A few minutes later, Cañete of the DOLE arrived and told sheriff Suarin to go to the DOLE office today to answer the complaints against him for violating the Labor Code.
Article 128 of the Labor Code states that the DOLE may “order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace.”
It also states that within 24 hours, a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation.
The order was acknowledged by the sheriff who instructed the demolition team to pull out past 2pm yesterday. Suarin was also summoned to a Cebu City RTC hearing on the petition for the issuance of a Temporary Restraining Order at 3pm.
It was another victory for the barangay officials and the residents as they were able to delay the demolition of the houses. They are expecting no demolition to happen today unless Suarin will be able to answer the complaints against him for allowing a minor to be part of the demolition team.
“Having a court order to implement is no license to violate the law,” Ponce said.
This was echoed by Rosell who said the sheriff already had several faults in the implementation of the order: allowing the minor, who also committed a criminal act of stealing and “gross defiance and disregard of authority” for refusing to cooperate in the investigation of DOLE.
Cebu City Regional Trial Court (RTC) Executive Judge Soliver Peras is expected to rule on the TRO petition today.
The lawyers of the contending parties — the Magat family, the settlers, and the Cebu City government – were given until 9 a.m. today to submit their respective position papers before the court.
“Let’s have a cease-fire for now. Sheriff, do not touch anything. There should be no movement until I’ll be able to resolve the petition for TRO,” the judge said during a hearing of the petition for TRO at the Qimonda IT Center at the North Reclamation Area.
Suarin said he will comply with the order of the court.
“Tumanon nako ang order. Ceasefire una ta until nay siyay ipaggawas nga order. (I’ll obey the court’s order. There will be no demolition until Judge Peras will issue an order),” he told reporters in an interview after the hearing.
Jade Ponce, who also serves as the executive assistant of Cebu City Mayor Michael Rama, said the city government was allowed by the court to intervene in the case, considering that a number of the city’s residents are affected by the demolition.
While the judge has yet to rule on the petition for TRO, he said Peras’ order to momentarily stop the demolition while waiting for his ruling was something the settlers have to be happy about.
“That was good as a TRO. The city government intervened in this case because it is our duty to look after the people,” Ponce said.
“The sheriff has violated a lot of laws in implementing the writ of demolition. He admitted that there was no survey prior to the demolition and that he also doesn’t know which houses to demolish. That alone is a enough reason for the court to stop the demolition of houses in barangay Apas,” he added.
Magat’s lawyer Allan Siu declined to comment about the case, saying they just have to file their position paper in court.
Last week, 39 settlers sought the court’s intervention to stop the demolition of houses which were built on a lot claimed by Magat.
But RTC Judge Alexander Acosta of Branch 9 denied the plea for the issuance of a TRO, saying that the petitioners’ lawyer failed to implead the sheriff in the case.
Another group of settlers filed a separate petition before the court, seeking to stop the demolition of their houses.
The case was raffled off to RTC Judge Estela Alma Singco of Branch 12. However, the judge was out of town yesterday, prompting Peras to resolve the petition as it requires immediate attention.
In the petition, lawyers Christopher Ruiz and Feliciano Payot asked the court to issue a 72-hour TRO so as “to maintain status quo” pending the resolution of the case.
“With all humility and candor, the demolition team had already started tearing several houses of the petitioners. It was observed that violations of the rules on demolition was committed in the course thereof,” they said.
In fact, the two lawyers said a member of the demolition team was even caught stealing properties from the house which they have demolished.
Also, the required identification of members of the demolition team was allegedly disregarded.
Ruiz and Payot also claimed that no representative of the Commission on Human Rights (CHR) was present during the demolition.
They said the CHR representative is needed to protect the rights of the persons affected by the demolition.
“The above reasons presents an extreme necessity that could result to a great or irreparable injury to the petitioners before the matter could be head on notice,” the two lawyers said.
They said the demolition should be stopped for “humanitarian considerations.”
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.
The settlers had appealed the case before the RTC.
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