Saturday, August 16, 2008
CH backs off from Tinago demolition until Aug. 30
RESIDENTS who had a demolition scare last June can breathe easily until the end of this month.
Regional Trial Court Judge Gabriel Ingles needs more time to study the petition for writ of preliminary injunction that some families filed against the Cebu City Government through Mayor Tomas Osmeña.
Ingles asked the City Government, through City Hall lawyers Joseph Bernaldez and Rico Abellanosa, to suspend the demolition at least until the end of the month.
Injunction
Bernaldez gave his assurance. It was a verbal agreement.
The 20-day temporary restraining order (TRO) on the demolition is set to expire on Monday.
However, the hearing on the preliminary injunction only ended yesterday with the defendants presenting its last witness, Jose Lopez, a resident of Barangay Tinago, Cebu City, who testified that the houses of five residents encroach on a creek.
Among the residents is Jonah John Rodriguez, a known supporter of former Cebu City mayor Alvin Garcia.
He and the other plaintiffs believe that the demolition was politically motivated.
Lopez and Rodriguez are neighbors.
The demolition, though, was an offshoot of a letter-complaint that Lopez submitted before the Office of the City Mayor and the Community Environment and Natural Resources Office.
Lopez testified that a private property, which the residents used as access road, has been closed.
Property
Lopez, who owns a titled lot in the area, said he asked some of his neighbors, the plaintiffs, to open up an access road blocked by the houses.
“They would not even let us pass then they threw stones at us,” Lopez said in Bisaya.
He also said that the plaintiffs, themselves, admitted in a meeting that they are informal settler on a public lot.
A dialog was conducted between Lopez and the plaintiffs at the barangay hall before the case was filed in court.
The case was prompted by the demolition order that Osmeña issued, served to the plaintiffs on June 20. The implementation was set for July 31 but Judge Ingles issued a 20-day TRO last July 29. (JGA)
For Bisaya stories from Cebu. Click here. (August 16, 2008 issue)
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