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Thursday, September 23, 2004
CH puts off demolition of some stalls
THE Mandaue City anti-squatting team only demolished yesterday the stalls at the cooperative market center in Barangay Ibabao-Estancia whose owner had volunteered for its demolition.
Acting City Attorney Erwin Rommel Heyrosa said they decided to put off for another day the demolition of the other structures in the area because some occupants requested a one-day extension.
He said they will push through with the demolition today.
Cops, firemen
Aside from the demolition team, some policemen, traffic enforcers, firemen and a fire truck were stationed near the area ready for any commotion. However, no one in the area resisted the demolition.
Instead, at least 24 market stallholders, all members of various cooperatives, went to the Mandaue City Regional Trial Court (RTC) to file an amended complaint seeking to stop the demolition.
Seven cooperatives, through their authorized representatives, filed a similar complaint last Monday, but RTC Executive Judge Marlyn Lagura-Yap denied their request for a 72-hour temporary restraining order (TRO), and just scheduled the case for raffling today.
No TRO
Since no TRO has yet been issued, Heyrosa said they will resume with the demolition of all the other stalls this morning.
Demolition team leader Cesar Ylanan said spouses Paulina and Rogelio, whose family name they could not recall, asked his team to demolish their stalls and to bring to their house the materials taken from the demolished structures. The couple had already long abandoned the stalls there.
Fermin Calizar, vice president of the Panaghugpong sa mga Manindahay sa Ibabao-Estancia, said they just want Mayor Thadeo Ouano to give them a moratorium by postponing the demolition.
Fiscal crisis
“We are in the midst of a fiscal crisis. If (our stalls) are demolished here, where will we go,” Calizar said.
He said their displacement could just lead to the crowding or squatting of the streets as they do not have anywhere to go and this will add to the country’s problems.
“Moratorium lang unta this time,” said Calizar.
The vendors, in their complaint, said the City has no authority to compel them to vacate or to demolish their property without a court order.
They are seeking the court’s intervention “in order to preserve the rights of the plaintiffs who are legal occupants of the lot involved.”
They said that in May 1993, the Cebu Federation of Agricultural Cooperatives (CFAC), to which they belong, entered into an agreement with the Department of Agriculture for the use of the 3,630-square-meter lot to be used as “bagsakan” for their agricultural products from Aug. 22, 1993 to Aug. 22, 2003.
Expiration
“After the expiration of the MOA, the CFAC and DA did not act on it and such situation is viewed as implied extension of the term of the MOA, unless further expressly stipulated otherwise,” their complaint stated.
But instead of renewing the contract, the DA signed a deed of usufruct for the use of the lot in favor of Mandaue City, which will use the property for its bagsakan project for 25 years starting Aug. 23, 2003.
Eager to start the construction of the bagsakan building, Ouano directed the City Attorney’s Office last week to immediately demolish the structures in the area. (ROV)
(September 22, 2004 issue)
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