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Tuesday, October 11, 2005
Court puts off demolition of retired soldiers’ homes
Regional Trial Court (RTC) Judge Eric Menchavez yesterday requested private owners of a disputed lot in Barangay Apas, Cebu City to hold off demolition of properties in the area.
Menchavez said he needs until this morning to read the merits of the case, before he decides to issue a temporary restraining order (TRO) or not.
Occupants of lot 948-A in Sitio San Miguel have filed a civil suit, asking for the declaration of nullity of the titles of 10 residents who are claiming ownership of the area. The titles are used as basis for the issuance of a writ of demolition against the lot occupants.
Spouses Peter and Linda Yap, lawyer Julius and Nelia Neri, lawyer Fernando and Loreta Ruiz, and Eugenio and Apolinaria Amores, along with William Yap and Richard Unchuan, earlier won in an “unlawful detainer” lawsuit (a case filed against someone who keeps possession of real property though he has no right to it).
However, the 35 families who have been ordered to vacate the property maintained that lot 948-A was part of an expropriated military reservation and later declared a socialized housing site through a Cebu City ordinance.
Most of the occupants are retired soldiers who have lived in the area for almost 45 years.
Twenty-two of them have filed for the declaration of nullity of the land titles, as well as for the issuance of a TRO and an injunctive order.
Menchavez said he needs to study the case further because he received the case only yesterday.
He said he could not immediately issue a TRO because it would mean restraining the writ of demolition issued by a Municipal Trial Court in Cities judge and affirmed by the RTC.
“I cannot restrain a court of equal jurisdiction,” Menchavez told both parties.
He later requested the 10 private owners to hold in abeyance the demolition until he resolves the prayer for a TRO today.
The judge also said he needs to weigh the pros and cons of a TRO, considering that the private owners have lot titles, while the occupants claim to be beneficiaries of a socialized housing ordinance.
The owners, through lawyer Renato Galleon, agreed with the extension.
A TRO is normally issued immediately after the request for such, to restrain a party from executing an action within 72 hours.
However, Menchavez was able to amicably confer with the owners.
The occupants’ lawyer, Gloria Lastimosa-Dalawampu, requested the owners to pull out the bulldozers in the area as it has caused some of the residents to be hospitalized, for fear of losing their homes. (JGA)
(October 11, 2005 issue)
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