46 illegal houses in PMA reservation demolished

By Dexter A. See 

FORT DEL PILAR, Baguio City – Forty six illegal structures were  demolished by the administration of the Philippine Military Academy (PMA through its anti-squatting task force during the massive dismantling operations held inside the military reservation over the past two days.

Maj. Agnes Lynette Flores, PMA spokesperson, said the plan to demolish the illegal structures has been relayed to the concerned illegal settlers through a pulong-pulong /dialogue held at Lot 6 area Fort Del Pilar Baguio City on 18 February, 01 March and 22 March, 2014 whereby it was inculcated to the owners of the illegal structures the need to dismantle their houses considering that the Academy needs the 13-hectare property for the use of its operations.

Earlier, the City Government had expressed its support for PMA’s Anti-Squatting Plans and efforts based on the results of the dialogue conducted at Baguio City Hall last February 24, 2014 between PMA-REO, Atty. Carlos Canilao and Atty. Melchor Rabanes-City Administrator and City Legal Officer.

To strengthen PMA’s claim over the contested parcel of land, Judge Edilberto T. Claraval, of the Regional Trial Court Branch 60, denied Ms. Rebecca Dulawan’s prayer for the issuance of a writ of preliminary injunction to restrain, prevent, and prohibit the defendant from proceeding with the demolition considering that the purported land reform beneficiaries were not able to show sufficient proof of their qualification and legitimacy to occupy the property that was earlier declared as a military reservation. The demolition was supposed to have been conducted last October 31, 2012. However, the court granted Ms. Dulawan’s Plea for the issuance of a temporary restraining order TRO. Ms Dulawan is the President of the Land Reform Beneficiaries Association Inc. (LRBAI).

Judge Edilberto Claraval noted that the affected households were not able to provide enough evidence on how they were able to possess their property. It is the first condition under Section 3, Rule 58 of the Rules of Court, that before a preliminary injunction may be granted, it must be established that the applicant is entitled to the relief demanded, which in this case is the property where their structures where constructed, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained or, or in requiring the performance of an act or acts, either for a limited period or perpetually.

Unfortunately, in this particular case, the evidence submitted by the plaintiff, has not established that the LRBAI has real and actual interest over the property to entitle it to the relief prayed for. Therefore, the Regional Trial Court has denied Ms. Dulawan’s request for a writ of preliminary injunction for lack of merits.

In the conduct of the dismantling, Flores disclosed PMA demolition team members observed with utmost respect the rights of the affected households and adhered to the procedures required by the law in the undertaking of the demolition.

She said an invitation was also sent to the Commission on Human Rights (CHR), City Building and Architecture Office (CBAO) and Philippine National Police (PNP) to act as observers during the actual day of demolition.

“PMA  also offered limited assistance to the affected households in dismantling their structures and transporting the dismantled materials within 5 kilometers distance from the Camp before the actual conduct of the demolition,” Flores stressed.

According to her, demolition team members are now conducting mapping up operations after the demolition activities were completed late Tuesday afternoon.

Dulawan questioned the timing of the demolition done by PMA, saying that her group will file a contempt charges against PMA and the city government before the courts in order to penalize those who pursued the dismantling of the structures in violation of the issued TRO that was said to have lapsed.