Homeowners ask mayor to let eviction take course-A A +A
Monday, September 24, 2012
THREE homeowners associations (HOA) in Barangay Luz are asking the Cebu City Council to stop Mayor Michael Rama from intervening in their move to have 32 families living in Sitios Nangka, Lubi, and Mabuhay evicted from their lots.
In a letter to the council, the HOA’s of Nangka, Lubi and Mabuhay said their case has long been decided and the court has already declared that the 32 families have no legal right to buy, own or posses the present lots they are occupying.
“(Further) litigation must end and terminate sometime and somewhere and it is essential to an effective and efficient administration of justice that once a judgment has become final, the winning party should not be deprived of the fruits of the verdict,” they said.
It was in October 1997 when the 32 filed a case against the HOA’s and the Cebu Provincial Government, to resist the community mortgage program (CMP) that allowed the urban poor to own their homes through a 25-year amortization plan.
The subject properties are in the same area as those covered by Provincial Ordinance 93-1. The affected families wanted to directly buy the property from the Province and not through an association.
In April 1998, the Regional Trial Court (RTC) Branch 11 rendered a decision in favor of the HOA’s and has ordered the 32 families to vacate the premises of the subject properties.
The decision was appealed in the Court of Appeals (CA), but in July 2005, the appellate court upheld the RTC decision.
The decision was elevated to the Supreme Court, but the Higher Court upheld the CA ruling and resolved to deny the reconsideration filed by the families with finality.
In October 2008, the Higher Court’s decision became final and executory.
“Although the decision has long become final and executory, it is just unfortunate that the said judgment still awaits implementation. Delaying tactics employed by the losing litigants have prevented the orderly execution of the said judgment,” the association said.
The 32 families are scheduled to be demolished today.
However, they recently sought the help of Rama so they will not be evicted. This prompted the mayor to ask the court to issue a status quo order and put on hold the demolition for one month.
This, until the council decides to allow him or not, on behalf of the City, to expropriate the subject properties.
“But we have waited long enough to truly enjoy the decision rendered by the court in our favor and the act of Rama in intervening would deprive us of the immediate execution of the subject judgment and which is clearly a grave abuse of his authority,” the association said.
“We are, therefore, asking the council to stop the mayor from intervening in our case as it would only cause delay and frustrate all our efforts in executing the decision rendered in our favor,” they added.
Published in the Sun.Star Cebu newspaper on September 24, 2012.