Cebu City Mayor Michael Rama points to Collin Rosell, head of the Division for the Welfare of Urban Poor, during a dialog with fire victims of sitio Avocado soon after the Dec. 26 fire. (CDN PHOTO/JUNJIE MENDOZA)
The Regional Trial Court yesterday issued a 72-hour temporary restraining order against the Cebu city government stopping all re-blocking at the fire site of sitio Avocado, barangay Lahug.
The city was ordered to “remove all equipment and materials used in the reblocking activity and to cease in the transport of all building materials inside the property.”
RTC Judge Soliver Peras said the order was issued to prevent further damage to the right of the plaintiff, the University of the Philippines as registered owner of the land.
A hearing on the main case for injunction filed by UP Dean Liza Corro will be conducted.
The court hearing will determine the merits of the school’s argument that the re-blocking and other actions at the fire site were illegal.
Corro filed the civil case saying the city government’s actions were a violation of the university’s right as “absolute owner of the property.”
She said the city government entered the premises after the December 26 fire, destroyed tents placed by the university, reblocked the area and sent a surveying team “with the intention of redistributing portions of the lot to the settlers.”
The petition said the city government and officials have no legal right to prevent UP from using the property covered by TCT 31166.
“If at all, it should be the city government who should respect and uphold the ownership of the university,” said the petition.”
“… it is not difficult for the City of Cebu to instead facilitate the relocation of the informal settlers to the relocation designed by the university in Busay, Cebu City.”
With the filing of the case, negotiations for an out-of-court solution to the fate of over 200 families displaced by the post-Christmas fire hit a wall.
The civil case was filed against Acting Mayor Edgardo Labella, City Administrator Lucelle Mercado, Division for the Welfare of the Urban Poor (DWUP) Chief Collin Rosell and the PROBE team.
“We will answer the main case,” said City Attorney Jerone Castillo in an interview.
“Besides, what is there to stop when the reblocking is already done?”
Rosell said reblocking is a standard procedure of City Hall after a fire outbreak.
“The fire and UP’s plans on the property should be taken as separate cases. Just because there is a fire does not mean residents should also be evicted. They should go back to the lot. UP Cebu should file the proper procedures for eviction which they have not complied with yet,” Rosell said.
Rosell said UP Cebu doesn’t have a “Certificate of Compliance” (COC) issued by the Local Housing Board in Cebu City Hall.
“The basic requirements for a COC are listed in the Urban Development and Housing Act (UDHA) of 1992,” he said.
A COC is necessary for eviction as mandated by Executive Order 152 and amended by Executive Order 708 of the Cebu City government.
The requirements listed in the UDHA are: (1) a proper relocation site (2) consultation with affected stakeholders and (3) notice of eviction 30 days before the eviction date.
City Administrator Lucelle Mercado said UP Cebu has not yet finalized the two-hectare relocation site in Nivel Hills, barangay Busay owned by the province.
She said the letter indicating that the Cebu province has donated the lot “in principle” did not include technical details including the relocation site plan.
She said this is in contrast to Dean Corro’s repeated statements in earlier reports that the relocation site was ready.
“They are still working out the deed of donation for the relocation site. Let them finalize the donation on paper. They have to get their COC,” she said.
Dean Corro said the university sent out notices to vacate to the settlers in sitio Avocado in 2013, right after the budget for the planned high school building was awarded.
Blown up copies of the notice were posted on billboards near the school.
“We scheduled several consultations with the settlers way back in 2013, but they did not bother to show up.Only two or three, sometimes none would arrive,” she said.
Last December 29, Corro also visited fire victims at the Lahug Elementary School to offer them relocation and explain UPs plans to erect a high school building. She said was faced with resentment and pleas for further dialogue with the Cebu City government which had promised they could return and rebuild on site.
Provincial Administrator Mark Tolentino, who was mediating a dialog between City Hall and UP Cebu, said he has not heard from the parties since their meeting January 5.
“I hope the negotiations can continue notwithstanding this development,” Tolentino said.