A MOTHER of five children has filed a civil case in court against Cebu City Mayor Michael Rama and another official for purportedly ordering the demolition of their residence in barangay Parian.
Myla Quintanilla asked the Regional Trial Court to immediately issue a temporary restraining order (TRO) to stop the respondents from destroying their home.
Aside from Rama, also named respondent in the case was Raquel Arce, chief of the Prevention Restoration Order Beautification Enhancement (Probe) in Cebu City.
In her petition, Quintanilla said they built their house in a 40 square meter lot owned by the Roman Catholic Church 30 years ago.
She said a Supreme Court decision in the case of Roman Catholic Apostolic Church vs Municipality of Cebu will prove their claim.
AGREEMENT
Quintanilla said she earlier entered into a memorandum of agreement with the landowner represented by Archbishop Emeritus of Cebu Ricardo Cardinal Vidal allowing her family to occupy the lot where their house presently stands.
Sometime in 2006, she said then Cebu City Mayor Tomas Osmeña planned to evict her. However, when Osmeña learned about the High Court’s decision on the ownership of the lot, the former mayor relented and took no action.
When Rama took over as mayor, Quintanilla received a letter for them to vacate the lot where their house stands.
But Quintanilla refused to heed the order.
“It is indubitable that the land on which petitioner’s house stands is owned by the Roman Catholic Church and not by the respondents or by the city of Cebu,” said Quintanilla through her lawyers Julius Ceasar Entise and Bayani Atup.
The lawyers said threats to demolish Quintanilla’s house will cause “great and irreparable injury” to Quintanilla and her five children who have no other place to live.
They are also asking the court to issue a preliminary injunction to restrain the respondents from demolishing Quintanilla’s house while the main case is being heard in court.