Friday, October 31, 2008 House of former ABC prexy is next in demolition list By Grace L. Plata
THE house of former Liga ng mga Barangay president Amilbangsa Manding is included in the structures scheduled for demolition to clear the city's drainage system.
Manding's house at Barangay 23-C (Mini-Forest) is one of 71 houses near the city's coastline that will be demolished before the end of the year.
The houses are along the coastline of Barangays 22-23, and the center of the canal is the boundary of the two barangays.
Retired Colonel Yusop Jimlani, chief of the city's Drainage Maintenance Unit, said only 29 of 77 homeowners will be given relocation by the city.
"The City Assessor's office did a census tagging as a way to know if kailangan silang bigyan ng (they have to be provided) relocation or if they can afford to buy or rent houses. Madami kasing nakatira dyan na (Many people there live on a) mansion na ang mga bahay," Jimlani said in Thursday's edition of I-Speak forum at City Hall.
Jimlani also said the demolitions they have done are legal and not at all politically motivated.
He was reacting to issues that cropped up after the DMU demolished the Nograles Park along Mini-Forest that was named after the father of House Speaker Prospero Nograles. The lawmaker sought an explanation from the City Government for its actions.
"The mayor does not give us the orders which structures to demolish. He has given us the authority to evaluate and act under law. Walang pinipili dito. As long as you are in the way of the clearing of the drainage, you will be demolished. Kahit nga si Manding na tao ni Mayor eh kasali. We are just doing our job," Jimlani said.
He also disclaimed the statements of the Department of Public Works and Highways (DPWH), that constructed the park, that it was informed of the demolition plan just days before the actual demolition.
Jimlani said the City Engineer's Office, under then officer in charge Joaquin Cui Jr., already sent a letter to DPWH as early as June 27, 2008, informing it of the need to remove the "concrete pathway project" along Ponce Creek "which is now a park."
Another letter was sent on October 16, 2008.
Jimlani added there is nothing to explain to the national government as the actions of the drainage maintenance unit is in accordance with the law.
He cited Article 699, Paragraph 3, of the Civil Code which says that structures constructed without government authority may be removed without judicial proceedings.
Section 301 of PD 1096 or the National Building Code also states that "no person, firm or corporation, including any agency or instrumentality of the government, shall erect, construct any buildings or structure or cause the same to be done without first obtaining a permit from the Building Official."
The UDHA Law also allows the extrajudicial summary demolition and eviction when persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places.
Jimlani said the park construction did not have a permit from the CEO-OBO.
He added that since the demolition of the park, about 60 cubic meters of garbage have been unearthed from the creek under it.
"Lahat makikita mo. Tires, all kind of garbage, rocks pati human waste. Until now, continue pa rin ang clearing. At first akala namin mababaw lang, pero we already reached about 1.4 meters and we will have about 1.1 meters to go before the bottom," Jimlani said.
Aside from the homes in Barangays 22-23, there are also 32 structures along Barangay 37D to Mabini Public Market to be demolished. Also, 17 concrete driveways and houses are positioned along Quezon Boulevard corner Mabini Streets to the sea.
