LOT 937: Demolition pushes through despite resistance from residents

Members of the demolition crew begin dismantling houses on Lot 937 in Sitio San Miguel, Brgy. Apas, Cebu City. The scheduled demolition on the contested property pushed through on Thursday, Nov. 3, 2022. | via Wenilyn Sabalo

CEBU CITY, Philippines– Three individuals, who are also residents of Lot 937 in Sitio San Miguel, Barangay Apas, Cebu City, were arrested by authorities for disobedience and resistance during the scheduled demolition in the area on Thursday, Nov. 3, 2022.

A “slight” commotion ensued between the affected residents of the controversial lot and the team assigned to carry out the court-ordered Writ of Demolition on Thursday.

The scuffle between the residents, the police, and the demolition squad lasted for around 30 minutes.

Nevertheless, despite the make-shift barricades and protests from homeowners, the demolition team, composed of 200 personnel, penetrated the area and the demolition proceeded on Thursday–with several homes already dismantled around 10 a.m. of the same day.

In an interview, Police Lieutenant Colonel Wilbert Parilla, deputy director for administration of the Cebu City Police Office (CCPO), said that they would file possible charges against the three individuals who were arrested for disobeying authorities.

“Dunay gamay nga commotion pagstart, but later on ato man sang napacify. So far, naa tay tulo kabuok nga na-hold. Ang atong initial violation ani nila is disobedience. Makita man sad ninyo nga ang usa sa atoang miyembro sa demolition team nga ilahang gikuan,” he said.

(There was a small commotion at the start, but later on we were able to pacify them. So far, we have three people that we are holding. Our initial violation for this is disbedience. You can also see what they did to one of our demolition team member.)

Parilla said the role of the police deployment during the demolition was only to provide security and to make sure that no one was harmed.

Court Order

In a separate interview, special court sheriff Edilberto Suarin, implementing sheriff of the writ of demolition, said that the demolition went through the process and an implementation of the rule of law.

He also said that by this time the residents should have been able to prepare to vacate the area since the writ of demolition was issued in July 2010 or more than a decade ago.

“Nangandam g’yod sila nga dili ma-implement ang Writ of Demolition pinaagi sa ilang pagbarricade nga lahi sa pagbarricade nila sa last Oct. 13. Karon murag gilig-on na g’yod nila ang ilang barricade. So, mao to nga challenge kaayo namo ang pagsud sa area…nihatag g’yod mi og maximum tolerance, namato sila namo, pero wala g’yod sila gikuan,” he said.

(They were prepared so that the Writ of Demolition will not be implemented through the way they barricaded themselves which was different from the barricade last Oct. 13. Today, they made their barricade stronger. So, that was challenge when we entered the area…we gave them maximum tolerance, they threw stones at us, but we did not retaliate.)

He also denied accusations that he was “paid” to ensure that the demolition would be carried out.

“Trabaho gud namo. (If I will not implement the writ of demolition), ako’y ikiha nganong di ko mo-implement sa lawful order sa court,” he added.

(That is our work. (If I will not implement the writ of demolition), I will be sued because I did not implement the lawful order of the court.)

Suarin said he would try to talk to the police not to file cases against the three residents who were arrested during the commotion that erupted before the actual demolition.

He said he understood the feelings of the affected residents and that the demolition team and the police were just doing their jobs as ordered by the court.

“Manghinaot ko ninyo mga kaigsoonan nga lumulopyo dinhi sa Lot 937 nga musabot mo sa akoang sitwasyon. Trabaho lang nako ni. Nituman ra jud ko sa court order. So, salamat nga mapadayon ang pagdemolish nga malinawon na ang atong pag-implement,” he said.

(I hope that you my brother residents here in Lot 937 that you will all understand my situation. This is just work for me. I just implemented the court order. So, I am grateful that the demolition continued and we implemented it peacefully.)

He also said that the demolition would take days as the demolition would be done by batches. About 200 households are affected by the said demolition.

Homeowners

The homeowners’ organization of the affected lot called the Archangels Residence Mergence Inc. (ARMI), lead by Anne Martel, asserted their rights to the property until the last minute before the dismantling of structures pushed through.

“Ang ARMI nagsang-at ngadto sa CA (Court of Appeals) og mga motion, motion to protect us from this heartbreaking, illegally, acquired demolition order,” Martel said.

(ARMI has filed at the CA [Court of Appeals] motions, motion to protect us from this heartbreaking, illegally, acquired demolition order.)

According to information from their legal counsel and ARMI’s assertion, the 2010 writ of demolition order is a “stale decision” and cannot be carried out in accordance with the law.

The organization added that Mariano Godinez, the deceased claimant of the lot, no longer had a legal personality in the dispute because he sold the land to a business in 2018.

The city council previously gave its Division for the Welfare of the Urban Poor the task of coming up with a plan of action to assist residents of Lot 937 in the event that the outcome of the ongoing legal battle surrounding the contentious lot will not be in their favor.

Postponement

The demolition was supposed to happen last Oct. 13, 2022, but after interventions and negotiation between the Cebu City government, through Mayor Michael Rama, and the private claimants of the lot, affected residents were given two weeks or until Oct. 27, 2022, to vacate the area voluntarily.

During that time, homeowners also blocked the entrance to the area near IT Park going to Sitio San Miguel as they opposed the demolition and sought the assistance of the city government.

READ: Homeowners of Lot 937 in Barangay Apas given 2 weeks to vacate

Demolition

Meanwhile, former Apas Barangay Captain Ramil Ayuman raised his concern as to why the police seemed to have been leading the demolition when they are there provide security during the activity.

“Ang amo tang gusto, kung gusto og rule of law, i-resolve ta ni nga issue. Naa pa may kaso nga pending sa RTC. Ang ako lang g’yong gisakitan ron nga while the police gihangyo sa tag-iya nga muapil, but dili muapil…kita ka, uno, dos, tres, siya nay nimando sa demolition team,” he said.

(What we would have wanted is the rule of law to resolve this issue. There is still a case pending at the RTC. What hurt me is that the owner requested the police to participate, but they should not have participated…did you see, one, two, three, he was even the one who ordered the demolition team.)

Ayuman, in the middle of the interview, saw and then talked with CCPO chief, Police Colonel Ireneo Dalogdog (who was also on the area during the demolition), and raised his concern on the same matter.

Dalogdog then acted upon the issue that Ayuman raised.

READ MORE:

Rama on Lot 937 controversy: ‘I made a stand to be with the poor’

Court of Appeals rules: Reopen case for Lot 937

Solicitor General, Cebu City gov’t back Lot 937 residents’ claims

NCCA orders stop to Makati landmark demolition