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Monday, May 12, 2003
DPWH to demolish Diversion houses
By Jay Dooma Balnig and Ronilo Ladrido Pamonag
THE decision of Judge Amalik Espinosa, presiding judge of Municipal Trial Court in Cities (MTCC) Branch 2, will not, in any way, affect the scheduled May 15 demolition of illegal structures along Benigno Aquino Ave., or Diversion road, said lawyer Conrado Agot, legal officer of the Department of Public Works and Highways (DPWH).
The case against the 423 residents along Diversion road, Agot said, is criminal in nature, a violation of Presidential Decree 17, which penalizes owners of illegal structures standing along national road right-of-way.
Espinosa, however, dismissed the case last May 7 in favor of the squatters, citing DPWH officials' failure to appear in the court hearings since the filing of the case in 1997.
DWPH Regional Director Wilfredo Agustino and Engr. Guillermo Arroyo are named as the complainants.
The scheduled May 15 demolition is in accordance to Deparment Order 52, issued by then Public Works Secretary Bayani Fernando, directing all district engineers to demolish illegal structures along road right-of-way.
Agot explained that the order has nothing to do with the penalties of occupants. It is just to implement the demolition of such structures, he said.
As such, the order is still effective unless new Public Works Secretary Florante Soriquez revokes or issues another order lifting the order, Agot added.
The 423 respondents are composed of owners of what the DPWH classifies as illegal structures. Ninety-one are in Barangay Dungon A; 107 in Barangay Cuartero Highway; 57 in Buhang North; 69 in Calubihan and 99 in Cuartero North area.
In a related development, Iloilo City Rep. Raul Gonzalez Sr. said there is no need to immediately demolish illegal structures standing along national road right-of-way.
"Right now, there is really no urgency to kick these people out since the road right-of-way is still not being used. They can have a little time to make some livelihood. Why do we insist in going after these (illegal structures)?" Gonzalez said.
He said that he told Soriquez that he does not want "it carried out yet," referring to former Secretary Fernando's DO 52.
The DPWH is expected to tear down illegal structures along the Diversion road by the end of this month, District Engineer Limuel Sales had said earlier.
Although Gonzalez came to the squatters' defense, he was quick to add, "I don't want people to abuse this, and put up concrete structures (along national road right-of-way)."
"(The order) is already there. As long as that order is not rescinded by Sec. Soriquez, that will be carried out. Eventually, whether they like it or not, once the road right-of-way is implemented, they will all be removed. But not yet," the congressman n said.
Gonzalez said he asked Soriquez to give the City Government "enough time" to purchase a relocation site for squatters that will be affected by the demolitions.
The City Government is still negotiating with Metrobank for the purchase of a 22-hectare relocation site in Barangay Buhang in Jaro.
Iloilo City Mayor Jerry Treņas estimates that there are over 600 residential and commercial structures along Diversion road.
(May 12, 2003 issue)
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