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Thursday, November 11, 2004
Demolition in Pala-pala looms By Roberto L. Bacasong
IT'S FINAL.
Governor Joseph Marañon said Wednesday it's all systems go for the November 22 demolition of 939 structures owned by 1,257 families in three barangays in the Pala-pala area in the city.
"My decision is final," said Marañon following a dialog with Mayor Evelio Leonardia and Councilor Thaddeus Sayson, chairman of the committee on housing that lasted more than an hour.
The governor said the squatter-families have "enough space" in Cabugwason, Barangay Mansilingan, the relocation site.
"It's long overdue," Marañon pointed out referring to the Presidential Commission for the Urban Poor's Certificate of Compliance on Demolition issued October 28, signed by Percival Chavez, chairman and chief executive officer.
But Leonardia said they are still willing to pursue their appeal to the governor that the demolition be deferred.
He said they are doing their "best" move to convince the governor to suspend the demolition until March next year.
Leonardia stressed that "we will not give up." "We will explore other possibilities," he said.
Leonardia also ordered City Legal Officer Allan Zamora to sit down with the Provincial Legal Office to further discuss the matter.
Sayson, on the other hand, said he sought the assistance of Bacolod Rep. Monico Puentevella regarding the matter.
The councilor said the solon confirmed to him that Chavez may be coming to Bacolod to offer an alternative solution to the problem.
Sayson said Chavez' presence would be a great help to hold the demolition.
Vice Mayor Renecito Novero said they will tackle the issue in today's regular session. "The Sangguniang Panlungsod (City Council) is acting on the problem. We are doing our best for the welfare of the residents in the affected barangays," Novero added.
The vice mayor also said the provincial government will provide a relocation site for the families to be payable for 25 years.
Residents' sentiments
During the hearing, residents said they need to be further clarified about the PCUP's Certificate of Compliance on Demolition and as to the validity of the title, validity of the compromise agreement on the property, which was under the name of Sofia vda. de Gonzaga.
"We admit we are squatters. (But) we are human. The provincial government should treat us fairly," the residents said.
The Barangay 8 Urban Poor Solidarity Association in their letter dated Oct. 28 said, among others, that "we will not hesitate to file the necessary criminal, administrative, and civil complaint against any and all persons whether public officers or private citizens should they attempt to demolish our structures or evict us from our premises."
Notice
The eviction notice, signed by Marañon and was conformed by Jose Vasquez, husband of Mrs. Gonzaga was addressed to the occupants of lots 401, 403-A, 404, 405-A and 405-B.
"In the light of the issuance of the Certificate of Compliance on Demolition dated October 28 by PCUP to the provincial government, you (residents) are hereby advised to voluntarily vacate the premises and demolish your structures on or before November 16. Should you fail to do so, the provincial government will cause your eviction therefrom in accordance with law beginning November 22," the notice said.
PCUP said the province complied with the requirements of "Just and Humane Demolition and Eviction" prescribed under Section 28, Pre-relocation Phase of Republic Act 7279 or the Urban Development and Housing Act of 1992.
Partial compromise agreement
A 10-page partial compromise agreement, a copy of which was furnished to Sun.Star Bacolod, also said the Court of Appeals has taken cognizance that the agreement was (entered into) by the terms and conditions for the best and mutual benefit of the provincial government and the Gonzaga family. They explicitly agreed "nothing (in the agreement) is contrary to law, morals, good customs, public order and public policy."
The provincial government and the Gonzagas agreed that the former shall submit the partial compromise agreement to the Commission on Audit to determine that the same is in accordance with existing laws, rules, regulations on the matter and is deemed not grossly disadvantageous to the plaintiff-appellant as provided by law.
The partial agreement was signed by then governor Rafael Coscolluela; Angeles Gonzaga and husband Jose Vasquez, defendant-appellee; Soberano Bayatan and Victoriano Gidor, counsel of the defendant; Salvador Verayo Jr, counsel for the plaintiff-appellant; and Filomeno Tan.
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