SolGen bars eviction of Jaro II Elementary School
Solicitor-General (SolGen) Atty. Agnes Devanadera warned the Office of the Provincial Sheriff from executing the court order issued by Branch 31 of the Iloilo Regional Trial Court that would lead to the eviction of a public elementary school here, otherwise her office "shall deal with the matter with the full force of the law."
The Writ of Demolition and Notice to Vacate was issued by Judge Rene Hortillo, presiding judge of RTC Branch 31. The Writ of Execution was issued May 29, the following day, the Notice to Vacate was also issued against the Jaro II Elementary School. Portion of the school lies on the property owned by Serafin Hinolan. The heirs of Hinolan are asking that portion of the school with an area of 5,458 square meters be returned to them.
The order was specifically addressed to Atty. Gerry Sumaculub, provincial clerk of court, and Jose Lambuyo, Sheriff 4. The order takes effect 10 days upon respondents' receipt of their copies.
In her order dated June 6, 2008, Devanadera cited that "the order cannot be enforced against the petitioners on the principle that execution does not lie against the State and public properties are not subject of execution."
"The property subject of the execution is a portion of the site of the Jaro Elementary School where school buildings constructed thereon are used by respondents for government purposes. Functions and services of the State cannot be allowed to be paralyzed by unrestrained execution against it," Devanadera said.
The SolGen said that no survey was conducted on the subject property making the decision premature and the counsel was not officially furnished a copy of the issuances.
"Since the Writ of Execution and Notice to Vacate are bereft of factual or legal basis, you are cautioned to cease and desist from implementing the same, as they result in undue harassment and oppression to a large number of students about to resume classes," the order states.
Around 24 classrooms are on the verge of being demolished should the sheriff defy the communication coming from the Solicitor General. These classrooms are being occupied by Grades I to VI pupils, Guidance Office, Faculty Room and Physical Education class.
The Division of City Schools, on the other hand, is ready with its options like holding two sessions a day in classrooms that are not part of the subjected eviction. There are still 29 classrooms that are not affected by the order.