Clearing of the houses near the Doña Pepang Cemetery will proceed this week, following the court’s denial of a petition to stop the demolition.
For the third time, former Cebu City mayor Tomas Osmeña lost in his bid to stop Cebu City Mayor Michael Rama from converting the Catholic cemetery into a heritage park.
Judge Alexander Acosta of the Regional Trial Court Branch 9 yesterday struck down verbally Osmeña’s plea for a temporary restraining order (TRO) to stop the eviction of around 40 families.
The judge agreed with City Attorney Jerone Castillo that a TRO could not be issued because the main case has been dismissed.
“A TRO is only an ancillary remedy to the main case, and since the main case has been dismissed, although subject for a motion for reconsideration, the application for a TRO is denied for being premature,” the judge said.
Acosta affirmed last week his previous decision dismissing the case that Osmeña filed last year to prohibit Mayor Michael Rama from transforming the cemetery into a park.
The judge also disallowed the settlers from intervening in the case, saying it is “utterly without basis.”
NOT OVER
The former mayor, however, is not giving up. The city government has until July 29 to answer the motion for reconsideration that the Osmeña camp filed.
“I will fight it even if I go to a higher court if needed. I’m the court-appointed administrator of my parents’ estate. And I’m entitled to protect them. He (Rama) wants to rule city by fear. He is the law,” he said.
The Doña Pepang cemetery houses the Osmeña Mausoleum, which hosts the remains of the late senator Sergio Osmeña Jr. and the late first lady Estefania “Doña Pepang” Veloso Osmeña.
After failing to get a favorable ruling from the court, the settlers have turned to Cebu Archbishop Jose Palma for help. The prelate, however, is currently in Manila and will return to Cebu tomorrow.
Councilor Alvin Dizon, who heads the committee on housing, also called on Palma to intervene.
RELOCATION
Collin Russell, head of the Division for the Welfare of the Urban Poor (DWUP), said they will prioritize the relocation of around 40 families in the cemetery to the vacant, re-blocked lot in barangay Lorega San Miguel despite the barangay council’s opposition.
“Our priority will be the structure owners from Dona Pepang because they are affected by a government project. The area in Lorega has been declared as socialized housing site and those from Doña Pepang have already qualified,” Russell said.
The barangay council of Lorega has passed a resolution saying they cannot accommodate the cemetery settlers in their barangay.
Mayor Rama said he has issued a marching order that no one will be displaced by the development of the cemetery into a park.
“It’s not for Lorega (to decide) because the one who owns the property is not (them). It’s a public property. Hence, the one who owns the property will be in a better position to make better judgment with evaluation and assessment,” Rama said,
Wendell Cenas, acting head of the Prevention, Restoration, Order, Beautification and Enhancement (Probe) team, said they have been doing site inspection with the DWUP at the cemetery.
“I can’t categorically say that there will be a demolition. But what I’m sure of is that there’s no legal impediment for a demolition since the court has not issued any restraining order,” he told reporters.
ARGUMENTS
During the oral arguments yesterday, Osmeña requested if he could also speak in open court as he did during last Friday’s hearing. The former mayor was allowed by the court to speak in open court, provided that his statements were not recorded as part of the court proceedings.
He did not get his wish yesterday, after Castillo opposed Osmeña’s plea, saying “only lawyers must be allowed to speak in open court.”
As Castillo was arguing, Osmeña, who was seated about three meters away, told the lead counsel of the city government, “I’m the petitioner here. Are you afraid? Afraid of the truth?”
Castillo did not retort.
“I really feel sorry we have a government like this. Demolitions are one of the brutal ways to treat people. All they are using now are technicalities,” Osmeña said in an interview later.