Tejero folks ask RTC to stop demolition

Fifty six residents of Barangay Tejero, Cebu City are seeking the court’s intervention to stop Mayor Tomas Osmeña and Prevention Restoration Order Beautification Enhancement (PROBE) officerin-charge Raquel Bohol-Arce from implementing the demolition of their houses along Arellano Street.

Through lawyer Vincent Isles, the residents filed yesterday an injunction case with prayer for writ of preliminary injunction or a temporary restraining order (TRO) before the Regional Trial

Court.

In their complaint, the residents asked that a 72-hour TRO be issued to stop Osmeña and Arce from carrying out the clearing order issued on April

12, 2018, pending the issuance of a writ of preliminary injunction to stop any irreparable damage to happen on them.

“Unless the Honorable Court issues a writ of preliminary injunction enjoining defendants from demolishing the houses of the plaintiffs until the requirements of the Urban Development and Housing Act (UDHA) are complied with, the plaintiffs will suffer a great and irreparable injury, as their very homes, the roofs over their heads and the walls which give them some semblance of privacy, will be gone even before the sun sets on July 24, 2018,” read the complaint.

The residents asked the court that their houses will not be demolished until the requirements of Section 28 of the UDHA and Section 1(3) of Executive Order No. 152 series of 2002 are complied with.

According to them, two of the eight mandatory requirements for the execution of eviction and demolition orders involving underprivileged and homeless citizens under Section 28 of the UDHA had not been complied with, which include the requirement on adequate consultation and adequate relocation whether temporary or permanent.

Claiming they were underprivileged, they have nowhere to go if their houses will be demolished.

Arce allegedly started the demolition of some houses last July 10, but it was stopped upon Osmeña’s order.

However, residents said PROBE is planning to push through with the demolition today, thus they were seeking for the issuance of a TRO. —

Manto/GAN

Mylen P.