Sheriff imposes demolition order against 26 houses in Mandurriao
Iloilo -- Residents of a certain portion of Barangay Bolilao, Mandurriao have no choice but to secure their personal belongings as the City Sheriff have started to demolish their houses covered by a demolition order recently handed down by the lower court in favor of Banco De Oro Universal Bank.
The City Sheriff led by Edwin Torres, sheriff IV imposed the demolition order yesterday (Tuesday) after Judge Jose Azarraga of the Branch 37 of the Iloilo Regional Court denied the prayer for temporary restraining order asked for by lawyers Daniel Dinopol and Ronnie Delicana.
In his order dated March 9, 2006, Judge Azarraga also dismissed the petition for injunction and damages filed by the Dinopol and Delicana. Judge Azarraga's order prompted the sheriff to implement the demolition. There are 26 houses covered by the order.
Even the motion for clarificatory ejection and motion to restrain the demolition filed by lawyer Dinopol morning of March 13 did not prevent the sheriff to implement the demolition. Torres said only the issuance of a Temporary Restraining Order (TRO) will bar them from implementing the demolition.
Torres had a hard time explaining to the affected families including Barangay Capt. Arsenio Pedrosa that they are only implementing the court order. He reminded them that several notices were already issued to the affected families prior to last Tuesday's demolition.
Torres refused to call their action yesterday as "demolition" rather it is more of dismantling. He said some of the materials could still be used by affected families in putting up their new houses. He said they have done their part by asking the chief executive's office on the possibility of granting relocation site for the affected families.
As early as November 24, 2005, a writ of demolition was already issued by Judge Virgilio Patag of Branch 33 of the Iloilo Regional Trial Court. The property covered by Transfer of Certificate of Title Nos. T-148434 and T-148435 used to be owned by spouses Jeffrey Ganzon and Emily June Ganzon.
The property was foreclosed by the Banco de Oro Universal Bank through an extra-judicial foreclosure of real estate mortgage proceedings. A notice to vacate was issued by the court on August 3, 2005 against the Ganzon spouses.
Portions of the property already owned by the bank is occupied by some 26 families. The bank stressed that the residents represented by their counsels "cannot assert any right to the property since they are mere trespassers or intruders and have no title or claim to the property." The bank also said the movants or residents are mostly operators of restaurants and night spots within the property of the bank and their structures are commercial in nature.