Soliman residents ordered to pay landowner P95.3M-A A +A
Thursday, August 9, 2012
AFTER the demolition of their houses last month, residents of Soliman Village in Agdao, Davao City are ordered to pay the landowner at least P353,000 per defendant or a total of P95.3-million.
In a decision released by the Regional Trial Court (RTC) on August 5, RTC Branch 16 Judge Emmanuel Carpio affirmed with modification the decision dated October 5, 2010 of Municipal Trial Court in Cities (MTCC) Branch 6 directing the defendants, who were residing and encroaching on the landowner's property, to pay Davao Enterprise Corporation (Davencor).
The decision ordered the residents to pay "P5,000 each as monthly rental for the reasonable use and enjoyment of the subject premises to be computed from December 12, 2006 up to the time the defendants shall have actually vacated the premises; P10,000 for each defendants as attorney's fees; and P3,000 for each defendants as litigations and cost of suit."
As per computation, each defendant is required to pay P353,000 -- P340,000 will be paid for the 68 months of monthly rental, that is from December 2006 to July last year, plus the P10,000 attorney's fees and P3,000 cost of suit.
The demolition of houses, which was illegally constructed on more than 6,000 square meters land, was finally carried out morning of July 26.
A total of 270 families voluntarily dismantled their houses and finally gave in to the demolition team.
The demolition took effect by virtue of the Alias Writ of Demolition issued by Carpio in March this year.
Records showed that the case before RTC Branch 16 is an appeal by the residents from the decision of MTCC Branch 6 in this city.
The RTC, in its decision, said the Davencor is entitled to recover possession of the properties, "but only up to the extent of its titled properties."
Tthe demolition of houses in Purok Soliman on July 1, 2011 turned chaotic when the residents in the area resisted the demolition team and did not honor the Writ of Demolition issued by Carpio.
In a previous interview, Court Sheriff Teresita Ceballos, of the Regional Trial Court-Office of the Clerk of Court (RTC-OCC) said that of the 270 families covered by the demolition order, only 74 families are qualified for a free relocation site, but only 52 of whom chose to be relocated.
Ceballos replaced sheriff Abe Andres in handling the Soliman case after the latter figured in a punching incident with Davao City Mayor Sara Duterte-Carpio for not granting the mayor's request for a two-hour reprieve.
Andres has been detailed to Supreme Court hence, the position for court sheriff in RTC 16 remains vacant. (ANC)
Published in the Sun.Star Davao newspaper on August 09, 2012.