2 arrested for splashing acid in clash over Lapu-Lapu lot; settlers lose ejectment case
A melee broke out yesterday as illegal settlers refused to move out of a private lot in Lapu-Lapu City and splashed acid on members of a clearing crew.
At least five men sustained minor burns on their faces and arms as police moved in to arrest two persons in the confrontation that took place in an interior portion of barangay Basak about 50 meters from the highway.
The settlers had lost an ejectment case in court. Their houses in sitio San Isidro Labrador were demolished last Sept. 24, but they returned to occupy the damaged shanties and tore down a newly built fence around the area.
At the forefront of the protest was a group claiming to have indigenous tribal origins called the Lumad KKK (Kinatas-ang Kahugpungan sa mga Kadatuan) – Alimaong led by Datu Kusgano Mangal, who fought the clearing team.
Mangal, whose real name is Ramon Sitoy Dela Cerna, goes by the title Grand Chieftain of Mactan Island.
His group questioned the validity of the court order demolishing their structures and said there was no fencing permit shown to them. He also said a court hearing was still set on October 23, a claim which turned out to be false information.
MURIATIC ACID
About 30 people armed with steel pipes, wooden clubs and concealed bolos briefly clashed with a 20-man crew hired by the private lot owner to restore the destroyed fence.
Tin cans of muriatic acid were thrown at the crew, who were also rebuffed with cannisters of pepper spray.
Policeman and a SWAT team stood at a distance observing the private activity but intervened when the violence broke out.
They arrested Kali Agila, 30, and Bae Peranha, 30, for the acid-splashing.
The two were brought to the Marigondon Police Station for the filing of appropriate charges.
After the police made arrests, the clearing crew pulled back and were rescued by colleagues who brought them to the hospital. Five men were treated for slight skin burns, including 25-year-old Porthur Arnaiz.
The disputed area is about 50 meters from the highway in front of MEPZ-Tamiya-Basak.
The clearing team was led by John Becera, who was sent by the private owners to restore the fence of a 4,500 square-meter lot, the subject of a 20-year land dispute.
Painay Matang Mataunas, leader of the women of Lumad KKK – Alimaong, said their lawyer who heads their association, Datu Bontito Leon Kilat, told them there was still a court hearing on October 23 for the ejectment case.
She complained that no due process was followed in the demolition.
“Dili man mi party o defendant nga naa sa court order. Dapat kasohan una mi nila, una sila mopagawas namo og demolition order. Wala’y due process ning ilang gihimo (We are not the party or defendant of the demolition order. They should have first filed a case against us before issuing a demolition order. They are not following due process),” said Mataunas.
Their “tribal chief” de la Cerna complained about the presence of policemen who stayed a mandatory 50-meter distance from the site.
“The police who are supposed to be protecting the people and the lumad are the ones protecting the cheaters (mga tikasan),”said del Cerna in Cebuano.
Dela Cerna and his followers said this was an injustice to indigenous peoples and that they were ready to shed blood to protect their land.
At 1 p.m., the clearing team again entered the area to continue fencing but were once again driven away by the informal settlers.
Vanessa Briones, who holds a Special Power of Attorney as representative of the Segura family which owns the lot, said the owners have been waiting for the settlers to move out for more than 20 years.
She said they filed the ejectment case in court because during this period, they received no compensation or rental and still pay taxes for the land.
Last September 24, she said, a court writ of execution for demolition was served and implemented. With the assistance of police and SWAT unit, the demolition team took down all structures and fenced the area.
The owners later learned that the fences were destroyed by the settlers who had returned to their damaged dwellings.
The lot owners asked the assistance of the police and sent in a private crew to restore the fence yesterday.
She said there was no truth to the claim that another court hearing is set on Oct. 23.
“That’s their delaying tactic. If there was still a hearing ahead, why would the judge issue a writ of execution for demolition?” she said.
MORTGAGE OFFER
For one reason or another, 15 households did not avail of an offer to secure a group mortgage for the disputed lot.
There are 112 families under the St. Mary Homeowners Association in the area whose application is being facilitated, but the 15 households never availed of the offer, said Gilberto Torbeso, president of LG Cebu Foundation, an NGO that assists informal settlers buy the lots they occupy through a Community Mortgage Program (CMP) and obtain loans from the National Housing Authority (NHA).
Torbeso said the owner was ready to sell the land for P4,000 per square meter.
Most dwellers agreed to the price pending the processing of requirements and documents for the CMP.
“They could pay a monthly installment of P600 over a period of 25 years under the scheme,” he said.
Will there be another round of resistance?
The lot owner’s representative will be back to clear the property.
Briones said they contacted a security agency to protect the clearing team based on the advice of Marigondon police chief Senior Inspector Alcon Escusora.
This arrangement didn’t materialize yesterday but she said they will return today with blue guards to secure the crew.
“This will be a risky move but I hope they will move away peacefully,” she said.