A MANDAUE City court dismissed the charges of trespassing and forcible entry against several Mandaue City officials over a disputed property in Barangay Paknaan.
Presiding Judge Francis Ian Birondo of the Municipal Trial Court Branch 2 ruled on March 10, 2023, that the complainant, Maria Priscilla Senerpida Melendres, “failed to present a preponderance of evidence that she has a cause of action against the defendants.”
This means that Melendres was not able to provide enough proof that her claims against the city officials were true, resulting in the dismissal of the charges of forcible entry with prayer for a temporary restraining order, and writ of a preliminary injunction, damages and attorney’s fees.
The decision affects the following charged officials: lawyer Nenita Layese (former city legal officer), engineer Marivic Cabigas (General Service Office), Buddy Alain Ybañez (Disaster Risk Reduction, and Management Office), engineer Crystal Comon (Office of the Building Official), lawyer Julius Cesar Entise (City Assessor’s Office), architect Florentino Nimor (assistant city administrator for operations), and lawyer Jamaal James Calipayan (city administrator).
The judge ruled the complaints should instead be addressed to the local government of Mandaue and not only to some of its officials because the demolition order came from the city government.
Melendres first filed a complaint on Aug. 24, 2022, when 50 staff members from the city government allegedly barged into her 9.5-hectare property and demolished structures in the land without showing appropriate documents, and even threatened her personnel.
The property was part of a 17-hectare lot claimed by the city government for a socialized housing project, but there are multiple claimants to different parts of the lot including Melendres who is in possession of a tax declaration for the 9.5-hectare property.
The city government already said in previous statements that Melendres was granted a tax declaration form after signing a foreshore lease agreement with the City Government in 1977, which already expired in 2022.
Entise, who spoke on behalf of the defendants on April 20, said it is rightful for the court to dismiss the case, stressing they were just doing their jobs as officials.
“Kay dili man nimu ma eject ang wala nag stay didto kay kami city officials kay in the first place dili mi taga didto nagpuyo,” said Entise.
(Because you can’t eject those who don’t stay there at the 17-hectare lot because we are city officials, because, in the first place, we don’t live there.)
“The argument of Mandaue City is that it is Mandaue City who ought to be the party that she should sue because we were just acting for and in behalf of Mandaue, being officers of the city,” he added.
Meanwhile, Melendres said on April 21, through a message sent to SunStar Cebu, that she already filed an appeal to the Regional Trial court on March 23.
“Remember that I already won in a prior ejectment complaint against another defendant involving the same land. This time around, the first ruling is adverse to me. Anyway, the fight is far from over. I will win eventually, as the law is on my side,” said Melendres.
Entise said the city plans to allocate the lot, already subdivided, to the residents living near the three-meter easement of the Butuanon River.
He said the residents would be the ones to construct their houses, but the city government would provide a public toilet, electricity, and water supply.