REPRIEVE. No repeat of this March 4 incident in barangay Apas as rains kept the demolition team at bay. In this photo, barangay captain Ramil Ayuman (right) tries to stop a demolition crew.
TENSION is again high in sitio San Miguel, barangay Apas, Cebu City after court sheriff Edilberto Suarin manifested to the court that he will continue executing the demolition order.
But the demolition did not resume because of rain.
Apas barangay captain Ramil Ayuman received a copy of Suarin’s manifestation before the Cebu City Regional Trial Court Branch 12 that he will continue implementing the standing writ of demolition for the 157 homes in the two lots.
“Considering that no restraining order was issued on March 7, 2014 and until today (yesterday), it is therefore my duty to implement the standing Writ of Demolition with dispatch,” read Suarin’s manifestation.
“It is my understanding that the gentleman’s agreement stands only for the following day, March 7, 2014,” Suarin’s manifestation further stated.
A week since the “gentlemen’s agreement” was arrived at, the RTC Branch 10 presided by Judge Soliver Peras has yet to issue an order on the stalled demolition.
Peras has remanded to Judge Estela Alma Singco of Branch 12 the case filed by a group of settlers seeking the court’s intervention to stop the demolition.
The demolition order was implemented last March 4, 5 and 6 but was stopped by Peras and the Department of Labor and Employment (DOLE) 7.
A day before Suarin filed the manifestation, lot owner Aletha Suico-Magat threatened to “file the necessary action” against Suarin if he does not continue with the demolition.
“I am very distressed to know that some of the informal settlers whose structures were demolished during the scheduled demolition have started to rebuild them,” Magat said in her letter to Suarin dated March 12.
Magat added that it is Suarin’s sworn and ministerial duty to implement the writ of demolition and that there is no reason why he cannot resume the demolition immediately when there has been no TRO issued by any court.
Rained out
But as of yesterday afternoon, no demolition took place. There were light rainshowers in the morning and afternoon.
Republic Act 7279 of the Urban Development and Housing Act mandates that execution of eviction or demolition should only be done during regular office hours from Mondays to
Fridays and during good weather, unless the affected families give their consent.
Ayuman said they will closely monitor any development. He lamented the sheriff’s eagerness to demolish the houses.
“Was he paid extra to do the job? Why is he always on the side of the lot owner when he should be coordinating with barangay officials,” Ayuman added.
The petition for preliminary injunction will be heard by the court on March 19 in Judge Sinco’s sala.