SETTLERS who built structures at the Osmeña Shrine in Barangay Kalunasan, Cebu City, have asked the court to stop the Cebu city government’s scheduled demolition of their shanties in the area.
The 15 settlers filed last Thursday a complaint of “damages with prayer for a writ of preliminary injunction and temporary restraining order (TRO)” to Regional Trial Court (RTC) Branch 5 Judge Ricky Jones Macabaya.
The complaint was against the city government, particularly the city’s Prevention, Restoration, Order, Beautification and Enhancement (Probe) team head Raquel Arce.
The settlers filed the complaint after Acting Cebu City Mayor Margarita Osmeña ordered the clearing of all illegal structures built at the 4.2-hectare Osmeña Shrine.
Acting City Legal Officer Eleodoro Diaz said a hearing was held last Friday morning where they discussed the restraining order against the demolition of the settlers’ shanties, but (Judge) Macabaya did not issue any TRO.
“I cannot give further details, but the court did not issue a TRO. (The court) Never issued a status quo order because we never agreed. What we have agreed on is for us to submit a memorandum,” he said.
He said the memorandum was submitted in the afternoon (last Friday) for the judge to decide on Monday whether to issue a TRO.
Osmeña ordered last May 27 the clearing of all illegal structures in the area.
Arce said that the order of demolition was served last May 31.
She said the settlers have until June 13 or at least 10 working days to clear the area as the demolition will start the following day, June 14.