Mayor, PROBE sued to stop demolition

At least nine residents of Barangay Mabolo, including the mother of Barangay Captain Prisca Niña Mabatid, have asked the court to stop the Cebu City government from demolishing their houses.

Mayor Tomas Osmeña and Raquel Arce, head of the Prevention, Restoration, Order, Beautification, Enhancement (PROBE) team, were named respondents in the petition for injunction with prayer for the issuance of temporary restraining order and writ of preliminary injunction.

The complainants, Salud Mabatid, Arthur Verallo, Eduardo Madrid, Elrey Jordan Yares, Gertrudes Yares, Ferdinand Digamo, Nicalou Digamo, Epigenia Mondrano, and Ma. Donna Mabatid, claimed that the respondents were not authorized by law to demolish their houses.

The city government issued a 10-day notice against the complainants on August 14 asking them to vacate or voluntarily demolish their houses for violation of the three-meter easement zone along the Mabolo River.

Osmeña, who issued the order, cited as his basis Article 699 of Republic Act 386 or the Civil Code of the Philippines as well as Republic Act 10121 of the Philippine Disaster Risk Reduction and Management Act and Section 3 of City Ordinance 1481.

However, the complainants said their houses are not public nuisance and therefore outside the ambit of the laws cited by the mayor.

According to them, Section 3 of Ordinance 1481 cannot be made as basis for the demolition of the family homes since the ordinance refers only to structures, buildings or contraption erected in a public place intended for gathering or similar purpose such as streets, thoroughfares, sidewalks, and plazas.

The complainants said that their rights to due process will be violated if the order will be implemented. They asked the court to issue a TRO to prevent the respondents from implementing the demolition order.

They are likewise seeking that a permanent injunction will be issued after the case shall be heard. The complainants are also demanding that the city officials will reimburse the litigation cost.