Don’t include those who posted bonds

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Saturday, March 8, 2014


REGIONAL Trial Court (RTC) Branch 9 Judge Alexander Acosta has yet to decide on the motion filed by the families who are facing demolition in Sitio San Miguel, Barangay Apas, Cebu City.

In a hearing on the partial motion for reconsideration yesterday, Acosta ordered lawyers Mark Anthony Gaviola and Benjamin Militar to submit their arguments on Monday.

Gaviola represents the claimant of two lots in San Miguel, Aletha Suico-Magat, while Militar assists 39 of the 157 families whose houses had been ordered demolished by Municipal Trial Court in Cities (MTCC) Branch 6 Judge Pamela Baring-Uy.

Militar filed the motion after Acosta denied his motion to suspend the writ of demolition last Tuesday.

He said Acosta should not have included the 29 families who paid the supersedeas bond. The houses of these families should not be included in the demolition.

(A supersedeas is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed.)

Last Thursday, Regional Trial Court Executive Judge Soliver Peras ordered MTCC Branch 6 sheriff Edilberto Suarin to halt the demolition pending his resolution on petition for preliminary injunction and temporary restraining order filed by other lawyer Feliciano Payot.

Return

The Supreme Court in 2011 ordered the Mactan-Cebu International Airport Authority (MCIA) to return lots 942 and 947 to Magat’s family, the Suicos.

But the residents insisted the Cebu Provincial Government owns the lots.

They said the Province’s ownership of the property is covered under Executive Order (EO) 20, issued on June 9, 1918 by the Office of the
Governor General of the Philippines.

Gaviola said the issue whether the Province owns the lots is “irrelevant” because Magat’s family is the registered owner.

The transfer of certificate of title is “currently registered in the name” of Magat, he said. (KAL)

Published in the Sun.Star Cebu newspaper on March 08, 2014.

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