Tuesday, August 05, 2008 Show proof, judge asks Tinago residents
REGIONAL Trial Court Branch 58 Judge Gabriel Ingles wants the families, whose houses in Barangay Tinago are about to be demolished, to show that they have rights to their current residences and that there was violation.
In the hearing yesterday, Ingles noted that the third requisite in the application of writ of preliminary injunction—irreparable injury—is uncontested.
“It is obvious that the demolition will cause irreparable injury,” Ingles said.
City Hall lawyer Joseph Bernaldez initially objected, saying that the requisite has yet to be established, but Ingles explained that it is apparent. However, the applicants of the writ of preliminary injunction would have to prove that they have the right and that Cebu City Mayor Tomas Osmeña violated that right in issuing a demolition order.
Affected
Five households will be affected in the demolition along Zulueta St., Barangay Tinago, Cebu City. The demolition was scheduled on July 31, but Ingles issued a 20-day temporary restraining order (TRO) to maintain status quo.
Marathon hearings were scheduled so the application for preliminary injunction will be resolved before the TRO expires.
Jonah John Rodriguez, who is among those that will be affected if the demolition is pursued, was presented as the first witness for the plaintiffs.
He testified that his grandparents owned the house where he lives along with his immediate family since 1961. Since his grandparents passed away, Rodriguez’ family has since occupied the house.
Rodriguez, a Sun.Star Foundation executive secretary, presented the court with a tax declaration under the name of Veronica Jumao-as, his grandmother, to show that
they have been paying taxes for the “residential building.”
He also presented a deed of sale signifying the transfer of the property to his grandfather in 1961.
But a notice of demolition, which Rodriguez received last June 20, threatened evacuation from the 47-year-old home.
Further, Rodriguez said the demolition was a product of a complaint from neighbors that the houses of Rodriguez and four others were built atop a drainage system and blocks an alternative access road.
But Rodriguez denied this and presented photographs supporting his stance. (JGA)
