Indirect contempt case filed vs PAF personnel who stopped demolition in Lot 937

Edgar Erice, spokesperson of Mazy’s Capital Inc.    | Futch Anthony Inso

LAPU-LAPU CITY, Philippines — A case of indirect contempt has been filed against some personnel of the Philippine Air Force (PAF), who interfered in the demolition of Lot 937.

The case was filed by Mazy’s Capital Inc., the claimant of Lot 937 in Sitio San Miguel, Barangay Apas.

Mariano Godinez, who serves as the plaintiff, represented by the sheriff, filed a manifestation with a motion for a finding of indirect contempt against the PAF personnel involved.

Godinez was the former owner of the 4.6-hectare lot that was allegedly sold to Mazy’s Capital Inc. Godinez was already deceased.

On November 14, 2022, the 7th day of the demolition, special sheriff Edilberto Suarin and assistant sheriff Ernesto Joseph Baz III along with the demolition team and crew were prevented from entering the vicinity of the lot by a barricade manned by the members of the PAF.

“A Lt. Col. Efren Cudal, Legal Officer of 560 Air-Based Group of the Philippine Air Force claimed that the Philippine Air Force is the administrator of Lot 937 and that they are ordered to secure the area,” the manifestation reads.

Edgar Erice, the spokesperson of Mazy’s Capital Inc., said that the move of some members of PAF was clearly a violation of the court’s order.

“Unless there is a TRO or injunction from any courts, hindi pwedeng ihinto,” Erice said.

He added that although they claimed that they are the administrator of the lot, they have not shown any document to prove their claim.

Erice said that around 30 PAF personnel will be included in the case.

He also said that he was surprised by the actions of the PAF.

“Of course kasi nag-coordinate na kami sa Visayas Command, meron pa nga kaming pinirmahan na undertaking that although merong part ng property namin na nasakop ng Camp Lapu-Lapu, di namin ito gagalawin,” he added.

Erice said that they are targeting to finish the demolition on Friday, with more than 10 remaining houses that needed to be demolished.

He added that they also plan to file an administrative case against Lawyer Sharon Millan-Decano from the Office of the Solicitor General (OSG) for also interfering in the demolition.

This is after Decano alleged that there was no pre-demolition conference conducted by the claimant, which Erice has strongly denied.

“Pero maling-mali ang sinasabi na dahil nagkaroon na ng pre-demolition conference at ito ay senertify ng no less than the Office of the President-Presidential Commission for the Urban Poor,” he said.

Police Colonel Ireneo Dalogdog, chief of the Cebu City Police Office (CCPO), also ensure that they will continue to provide security in the area.

He said that the claimant and the PAF and OSG have already conducted a dialogue at their office, wherein the PAF promised to no longer intervene in the demolition.

However, Dalogdog said that PAF personnel in the area has remained and additional personnel has even arrived.

“No one is above the law, kung kinsa man moharang diha, gamita lang gihapon ang diplomasya. Naa ang ilang presence, pero wala sila moatake ug nipa-stop sa demolition team,” Dalogdog said.

Dalogdog said that the demolition has been pursued today.       /rcg

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