Judge orders demolition of 15 houses occupying private lot in T. Padilla

Wednesday, January 18, 2012

A LOWER court has ordered the demolition of 15 houses in Barangay T. Padilla, Cebu City.

Judge Rosabella Tormis of the Municipal Trial Court in Cities Branch 4 instructed the court sheriff to implement a final notice to vacate a six-hectare property in Sitio F. Villa, Barangay T. Padilla.

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The demolition of the houses had long been final and executory for failure of the lot occupants to pay rental fees to the lot owners, said Tormis.

But Glen Villariza, counsel of the affected lot occupants, said the demolition should be deferred as they filed a petition for certiorari before the Court of Appeals last Monday.

Villariza told Sun.Star Cebu that the lot owners demolished his clients’ houses yesterday without the supervision of the court sheriff.

In 2002, Rodulfo, Augustus and Francisca Villa filed a petition for ejectment and damages against 37 people who occupied the lot they reportedly inherited from their parents.

Rent

The lot occupants said the complaint lacked cause of action. They said they have been paying rent to the landowner.

They also said they are considered beneficiaries under Republic Act 7279, or the Urban Development and Housing Act of 1992.

But Tormis ruled that the Villas are entitled to possess the property. She said the occupants were not punctual in paying rent.

The judge ordered the dwellers to vacate the property and turn it over to the lot owners.

The sheriff, in the return of the writ of execution, told Judge Tormis that the defendants refused to heed the order and asked for an extension so they can look for a relocation site.

The lot occupants told the sheriff that they would vacate the property once their relocation site is ready.

In 2003, Tormis issued an order for issuance of a writ of demolition but the affected residents sought the help of then Cebu City mayor Tomas Osmeña, who asked the judge to defer the demolition and grant a six-month extension of the order.

In August 2011, Tormis cited eight residents for indirect contempt for refusing to heed a court order. The judge also ordered them to pay a fine of P3,000.