City files case vs. Bato folks
Struggle over housing, safety in Cebu City continues
City Hall wants to re-block a part of Sitio Bato, Barangay Ermita that a fire struck last April 20, in order to prevent similar disasters But officials say some of the residents, led by a barangay councilman, have barricaded City Hall’s equipment and threatened to kill City workers who come in for the clearing operations They want a guarantee that they will be allowed to rebuild on their home lots Disaster Risk Reduction and Management Act of 2010 (Republic Act 10121) prohibits anyone form preventing the entry of the appropriate technology and equipment into disaster-stricken areas
THE Cebu City Government filed a criminal case against 21 residents in Sitio Bato in Barangay Ermita, for allegedly blocking the City’s efforts to clear an area that fire struck last month. The case was filed before the Office of the City Prosecutor last Friday, three days after the proclamation of Michael Rama as the reelected mayor of Cebu City.
It’s a struggle now familiar to City Hall. Officials want to make roads wider so that fire trucks and rescue vehicles will find it easier to help the community in case of a disaster. But displaced residents want to be sure they will not be kept out of the property.
Apart from Mayor Rama, the complainants include City Administrator Atty. Jose Marie Poblete; chief Raquel Arce of the Prevention, Restoration, Order, Beautification, Enhancement (Probe) unit; City Traffic Operations Management Executive Director Atty. Rafael Yap; and Local Disaster Risk Reduction and Management Council operation officer Alvin Santillana.
Those charged include Ermita Barangay Councilor Winfredo Miro and seven members of his family.
The other respondents are Enriqueta Crispe, Edis Gabijan, Jovie Baron, Michelle Baclayon, Leonidisa Gabisan, Norma Baguio, Nazareta Badajos, Joemar Rosales, Jonah Baguio, Agripina Cletar, Lilian Sarmiento, Elvic Hermosa, and Oman Makabaling.
In their 14-page complaint, City Hall accused the 20 individuals of consistently blocking the City’s efforts to implement its postdisaster response in Sitio Bato.
“They adamantly refused to let us and the rest of our disaster
team and our equipment enter the area for no justifiable reason. Further, they threatened us that if we insisted on entering the area, there would be a commotion and they are ready to kill us or to get killed,” the City said.
Last April 20, a fire razed Sitio Bato. It burned 173 houses and displaced 443 families or a total of 1,874 individuals.
The City believes there is no reason to delay the clearing and reblocking project, saying that a postdisaster or relief response is meant to be done rapidly and immediately after a fire.
Aside from this, the City pointed out that a weeklong consultation has been made with the fire survivors, and majority of them favored the clearing and reblocking project.
Miro, in earlier interview, said they want the City to postpone the clear- ing and reblocking of the fire-struck area until they are assured that those that have been displaced, particularly the ones who lived near the shoreline, will be able to go back to their home lots.
The City has assured that all the displaced families will be accommodated.
Despite this, the respondents allegedly formed a human barricade to stop the City from implementing its project. They also damaged some of the equipment—a bulldozer and a swamp excavator—that the City deployed in the area.
“Because of their delaying tactics, many of the fire victims are suffering outside and it is incumbent upon the City to take action for the general welfare. Thus, the complaint,” the City said.
The City said the respondents violated Republic Act 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010.
Section 19 of the law prohibits anyone from preventing the entry in disaster-stricken areas of appropriate technology, tools and equipment, among others.
It also prohibits the tampering with or theft of disaster equipment or paraphernalia.
Those who violate the law will be subjected to P50,000 to P500,000 fine or imprisonment of not less than six years and one day or more than 12 years. The court may impose both penalties.
“The act of respondents in repeatedly blocking the entry of the disaster team and our equipment, obstructing governmental post-disaster operations, not to mention tampering of our equipment, falls squarely under the aforementioned prohibited acts,” the City said.