With the City Center Commercial Complex already demolished, what else is there to be stopped?
City Attorney Jerone Castillo on Thursday asked the court to dismiss the complaint of 72 families who were evicted from the city-owned building.
“There is nothing to be prohibited anymore,” he said.
The occupants in barangay Kamagayan, Cebu City sought the court’s intervention anew.
The 72 families assisted by lawyer Benjamin Militar petitioned the court to issue a Temporary Restraining Order (TRO) and an injunction to prevent the Cebu City government from evicting them.
In a hearing on Thursday, Militar said no prior consultation was made with the settlers who were evicted and no relocation site was provided.
He asked the court to let the occupants stay within the premises of the Citi Center. “At least, they will have a place to stay,” he said.
Executive Judge Soliver Peras of the Regional Trial Court in Cebu City gave the parties until Monday to submit position papers before giving his decision.
The complainants are suing for P300,000 in damages.
Named respondents in the case were Mayor Michael Rama and several City Hall officials with Kamagayan barangay captain Raquel Avila and several councilmen.
Castillo, the city attorney, said the demolition paves the way for a housing project for City Hall employees and the affected residents.
“This project is actually beneficial not only for the city but also for the people living in that area,” Castillo said.
He said the matter was already brought before Judge Ma. Lynna Adviento who dismissed the case after it was established that the city government owns the property.
“What has been presented now are basically the same issues they raised before Judge Adviento.”
The petitioners said they occupied the area since 2000 when it was still a privately run wet market and the original landowner collected monthly rent from them.
For failure to pay taxes, the city government levied the property in 2004 and sent a notice of eviction on Oct 19. 2012.
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