Tuesday, January 29, 2008 30 families lose homes in Gibraltar By Ernie N. Olson Jr.
OVER 30 families lost the homes they have been living in for the past 30 to 40 years, after the Baguio City Government demolished the structures they built in Purok 3 of Gibraltar over the weekend.
This resulted, after the affected families failed to secure a writ of preliminary injunction from the court and have the demolition order issued by the city recalled, before their homes were dismantled last Thursday and Friday.
Among the families affected by the demolition were those of Felomina Mabanag, Jessie Mabanag, Teresa Angguban, Brenda Pomeg-as, Bernabe Santiago, Arsenia Andawi, Garciana Dayasen, Romeline Obonan, Maribeth Peta, Esperansa Deyan, Jane Baniaga, Tiffany Armendral, Lesther Labiang, Rafael Galong, William Gumabay, Agustina Magen, Daniel Esilen, Madelyn Eslen, Norton Esilen, Miguela Tayab, Allen Balisong, Grail Balisong, Saturnina Maestre, Loreto Kap-Is, Reynaldo Fao-wa, Florence Balakwid, Melba Benar, Rudy Galong, Joseph Saguengan and Lorenso Patol III.
According to Esteban Somngi, lawyer for the affected families, they have been occupants of the contested parcel of land located along Ambuklao Road since the 1970s and 1980s, as shown by their improvements and certifications issued by their barangay leader.
"Since the time these families started occupying these lot, they have introduced improvements like putting up their own respective residential houses, rip-rapping and planting fruit bearing trees. The possession and occupation of the petitioners on the lots in question have never been disturbed," he explained.
In 2005, the heirs of Josephine Abanag filed a squatting complaint against John Dugui-is Jr. and several others before the City Mayor's Office. By virtue of this complaint, a notice was issued under Demolition Order No. 06-2005, which was partially implemented on July 27, 2005.
However, Mayor Reinaldo Bautista Jr. put on hold any further implementation of the demolition order on September 19, 2006, until a more thorough study was conducted on the case.
On that basis, a reinvestigation and relocation survey was conducted. The relocation survey was participated in by then Councilor Faustino Olowan, chairman of City Land Use Committee; the City Assessor's Office, the City Buildings and Architecture Office, the Department of Environment and Natural Resources city office in Pacdal, and the Public Order and Safety Division of the City Mayor's Office.
The heirs of Abanag did not participate in the relocation survey because, according to them, the office has "no power and jurisdiction".
On December 7, 2006, the result of the joint relocation survey was released, stating among other things the land they occupied was within Proclamation 1221.
Proclamation 1221, which was issued on January 4, 1974 by former President Ferdinand Marcos, is a parcel of land excluded from Proclamation 10-1924, which established parcel 3 of the Forbes Park forest reservation, declaring the same as a land grant to the Saint Louis University (SLU) for College of Medicine and Community Hospital site purposes with an area of 19,198 square meters.
"Until now, Proclamation 1221 has not yet been revoked. On December 15, 2005, Honorable Faustino Olowan wrote a letter addressed to (former) Mayor Braulio Yaranon, recommending the rescinding of the demolition order against the group of Dogui-is," Somngi continued.
By virtue of this complaint, Demolition Order No. 11-2007 was issued and a demolition advice dated November 15, 2007 was released, stating the same will be enforced on January 24 and 25 this year.
However, the affected families claimed that since the lot they are occupying is exactly within Proclamation 1221, which segregated an area of 19,198 square meters from the Forbes Park reservation and declared the same as a land grant to a private entity like Saint Louis University, which never asserted its ownership over the lot and waived their right to it in favor of government by issuing a board resolution, Proclamation 1221 is still a good law and was never repealed nor amended.
"Since the lot covered by Proclamation 1221 is a disposable public land, ownership can be acquired through open, continuous, uninterrupted and notorious possession of the same for a period of more than 30 years," Somngi explained.
However, according to officer-in-charge Melchor Carlos Rabanes of the City Legal Office, although Proclamation 1221 has not been revoked, the affected families still built their houses within a watershed reservation and their structures were not covered by the necessary permits.
