Demolitions to go on in Baguio
>> Saturday, March 12, 2016
EDITORIAL
The
fight against “squatters” or illegal occupants on public and private properties
in Baguio has taken an upperhand with Mayor Mauricio Domogan saying demolition
of illegal structures in the city will not be put on hold unless there are
valid reasons to justify the suspension.
“We cannot just stop the implementation of a
demolition order. It should be on a case-to-case basis and must be with
meritorious basis otherwise we will also be liable to the other party,” the
mayor said.
The city council recently approved a
resolution asking the mayor to defer the implementation of a demolition order
covering the illegal structures at Bakakeng Central in view of the completion
of an inter-agency conference by the Presidential Commission on Urban Poor
(PCUP).
The mayor approved the resolution in
deference to the letter of PCUP chair Hernani Panganiban requesting the
suspension.
“We agreed to defer the implementation first
to enable us to answer chairman Panganiban and once we have justified the
action, then we will pursue the demolition just the same,” the mayor said.
Also up for demolition are illegal structures
at the Benguet-Ifugao-Bontoc-Apayao-Kalinga (BIBAK) lot along Harrison Road
here. But these were put on hold since occupants filed for temporary
restraining orders with local courts.
Domogan said the city may have won the first
round in the court battle after getting a favorable decision from the Regional
Trial Court over the cases filed by 50 owners of the illegal structures to stop
the demolition but it does not mean the end of the struggle as the petitioners
filed for a motion for reconsideration of the court’s decision.
“We will wait for the right time to implement
the demolition order. The law has to take its course,” the mayor said.
The RTC Branch 5 under presiding judge Maria
Ligaya Itliong-Rivera recently junked the petition for the issuance of a writ
of preliminary injunction to prevent the demolition of their structures at the
government property.
The court cited the position of Dept. of
Environment and Natural Resources-Cordillera officer-in-charge regional
director Paquito Moreno that the “petitioners occupation has no legal basis and
neither can they qualify as beneficiaries under (Republic Act) No. 10023 (Act
Authorizing the Issuance of Free Patents to Residential Lands) because the lot
is not alienable and disposable. Thus the possession of the petitioners,
no matter how long, could never ripen into ownership or possessory right.”
“Given the foregoing, the Court finds that
petitioners are not entitled to the issuance of an injunctive writ because they
have no right to the property on which their structures stand,” the court said.
The city had set the demolition of 58 illegal
structures from August 11-14 after the occupants refused to voluntarily vacate
the area which the city said was segregated from Original Certificate Title No.
01 in favor of the BIBAK Dormitories Inc. in 1961 and thus “was slated to cater
to the housing needs of the students coming from the BIBAK areas.”
The occupants claimed that they are members
of the marginalized sector and have been occupying the BIBAK compound since
1982 and thus are qualified to stay in the area or be granted relocation
privileges under Republic Act 7279 or the Urban Development and Housing Act of
1992.
The city maintained that the present
occupants are private individuals who entered the property without permission
and are now utilizing the area for profit. Their structures were also not
covered by building permits.
The city’s bid to clear the lot
measuring about 5,000 square meters was supported by the former leaders of the
BIBAK Student Dormitories Inc., the Regional Development Council and the
DENR-CAR.
In 2014, Moreno supported the city’s
demolition plan in the area as he turned down the petition of the OCT No. 1
settlers to own the lots they are occupying.
Moreno said the DENR being the administrator
of the lots under OCT 1 has advocated of the “best use” of the property and a
demolition to be executed by the city mayor’s office will help the department
enforce its mandate.
“Sadly, the occupation of the land by
the petitioners is bereft of any legal basis and thus, can never ripen into ownership
or possessory right. They cannot be qualified beneficiaries… since the
subject lot is not alienable and disposable land. We therefore reiterate
that clearing of the area of informal settlers is prioritized and we solicit
the occupants’ cooperation in making it a peaceful and orderly proceeding,”
Moreno said.
0 comments:
Post a Comment