'Stop the demolition,' Court orders City execs on Bolilao lot
Iloilo City -- A 72-hour cease and desist order was issued by the Court on the controversial area up for demolition by the Iloilo City Government.
Subject of Civil Case No. 06-28808 for Injunction and Damages with Prayer for a Temporary Restraining Order, Executive Judge Rene Hortillo granted the Petition as filed by Rene Villegas, Jocelyn Villegas and Reynold Villegas through counsel, lawyer Ronnie Delicana.
The Court finding merit on the Petition issued the Order to City Hall executives and as such, any and all demolition team is restrained from proceeding with the demolition along Barangay Bolilao, Mandurriao District.
"Before the regular raffle with notice to parties is held and pending the determination of the issue of whether or not a Writ of Preliminary Injunction will issue in this case and in order that it will not cause irreparable injury and/or damage to petitioners, the respondents Melchor Tan as City Administrator and Marito Amatorio OIC, City Engineer, their agents or any of their duly authorized representatives are restrained from proceeding with the summary demolition of structures of the petitioners," excerpts of the Order stated.
Delicana in his argument points out that the structures of his clients comprise a "dwelling" and when such is to be demolished, the applicable and governing law is RA 7269 otherwise known as the Urban Poor Housing Act of the Philippines.
Further still is Executive Order 152 which Delicana said clearly provides protection on government-inititated demolition with evictions affecting underprivileged citizens "in utter disregard" of legal requirements.
Section 1 of EO 152 requires concerned departments and agencies including concerned local government units (LGUs) proposing to undertake demolition and eviction activities to first secure the checklists, guidelines and compliance certificates. Delicana also argued that as the Law states, adequate consultations with the affected families be undertaken while adequate resettlement site and relocation facilities be made available.
Questions were also raised by Delicana on the presence of police officers in the area who were alleged to have participated in the actual demolition contrary to Law.
"They should only be there to preserve peace and order in the demolition," he ended. It was not immediately clear what steps his side will take on said concern.