Allan: Land squabbles with squatters

EVILDOERS do not understand what is right, but those who seek the Lord understand it fully. (Proverbs 28:5)

The courts are said to be relief for people who feel that they have been denied justice. How one looks at it depends on the perspective of people involved. I was with classmates and this became a topic since I do not like to be facing people in court and would rather amicably discuss and resolve issued without the cost and stress of court hearings and proceedings. My friend finds it a venue to resolve land issue disputes and she has learned how to deal with lawyers and judges that she now thinks and looks at these as a lawyer would do. Fortunately for her because she has won her battles and it is where she gained her self-esteem after a difficult relationship and a foregone career. I honestly appreciate her changed perspective and accordingly she looks and acts better now than she was decade ago.

To me, battles in courts are horrible. Two years ago we went through the tedious process of evicting the illegal settlers led by Bonifacio Emingan in the property lot of the school. A problem my father was not able to close for more than six years. As we seek help of the city anti-squatting committee and they found out that our claim is valid and decided for the demolition of the illegal structures. As the case was decided and the demolition was schedule, the city’s demolition team took time to explain to us the cost for us to pay those who will volunteer to demolish and the process of how they will do the demolition. The day came and we were all there – the demolitions team, the Special Weapons and Tactics team of the Philippine National Police, and our finance staff to provide food, water and the allowance for the volunteers. We had the illegal settlers and the sub tenants who were involved. By mid-day when we had removed the frontage of the building, we were stopped because a court temporary restraining order came because we were sued – the city, we the owners and the anti-squatting committee. That delayed the demolition, we had to seek our lawyer and they have to file our response. Similarly, the city legal office and CBAO have to work out their case.

On the court date itself, I sit down at the back of our lawyer and the lawyer of Emingan spews out lies after lies like “I was willing to pay but they did not like to accept payment” when our finance people had given them notice and personally went to collect. My blood pressure rose as I sit there without a chance to talk and dispute his lies. Our lawyer and the city’s lawyer presented their case and the hearing was over. Days after the court decided in our favor and we were given the chance to continue demolition. So the date was set but unfortunately I received another letter from the mayor asking for a consultation time because the disadvantaged tenants sought the assistance of one of the city councilors.

That consultation itself was very telling of the people who seek reprieve for injustice. We all sat there with Mayor Domogan, we were the victims trying to make sense of the shameless acts of Emingan and Mrs. Keryao, his cohort. In that consultation, Mayor wanted to hear both sides and finally we all agreed to a self-demolition so that the sub tenants will be able to save their furniture and the structures they build on our property. We found out that Bonifacio Emingan amassed close to two million by collecting from the tenants but not paying us his lease. My heart bled as I see the injustice of this all and yet we have to be firm in affirming the implementation of law and order.

Mixed emotions always come with the memory of this incident in my life. I have to be firm in saying that it is enough - “we will honor their words that they will demolish, no need for another letter of mayor giving them permission to use the property and demolish on their own. To me it is enough that they promised to demolish and we will be there to watch them.” I told them “we cannot again use Mayor to be stamp for the lapses that has already been done, let us take care of the mess and let’s move on.” So they were able to demolish the illegal structures peacefully and that experience brought us closer – victims of scrupulous deceiving vultures of a sick society. After the demolition, they were expecting me to file cases to Emingan and Keryao. But circumstances did not permit that, and I still have reservations of battling in the courts.

After a yearlong absence, I am still faced with the problem of building anew. At times I wonder if only my heart was made harder and sued them after, maybe I would have money to build a new building. Maybe if I sued everybody who was party to the illegal structure, maybe no one will attempt to squat in the property.

It is a tricky one, but in the end, decisions are made based on the spiritual, moral and legal obligation of decision makers.

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