Sun.Star Pampanga

GMA backs Andaya, says most lawmakers support him

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MAJORITY of the lawmakers at the House of Representa­tives still support House Majority Floor Leader Rolando Andaya Jr., according to Speaker Gloria Macapagal-Arroyo.

“As far as I can see, the majority supports the incumbent,” she said during her visit to the coastal village of Batang 1st, Sasmuan, Pampanga amid reports that Camarines Sur 2nd District Rep. Luis Raymund Villafuert­e is convincing lawmakers to support the supposed ouster plot against Andaya.

Arroyo herself said she supports Andaya, but will not force the others to do the same.

“I am only one vote, I’d still vote for Nonoy. I exercise democracy, I think you’ve seen, in the House. I’m very open-minded. The only enforcing I do is only those in the Rules like when there’s no quorum. Those are the only forcing I do,” Arroyo said, referring to Andaya.

“That I think Nonoy can take care of himself. I am not an interventi­onist person on political matters,” she added.

Talao told Sun.Star Pampanga that the affected residents and students of the said school would appreciate the improvemen­t.

“I hope that the government will just donate the land to the San Isidro Integrated School, since the government owns the school. The school requires more buildings and needs extension due to the school’s small space,” Talao sai d.

The demolition, an initiative of the DPWH stemmed from the case that was finalized and recorded in the Book of Entries of Judgments on August 10, 2018, by the Order of the Supreme Court and the Court of Appeals.

The case began sometime in the year 2000 when the lot’s owner, Franda Estates Corporatio­n (Franda Corporatio­n) conducted a boundary survey of its estate adjacent to the land occupied by the affected residents. It then showed the developmen­ts introduced by the residents who occupied and blocked the northweste­rn portion and right-of-way of the national highway.

After the findings, Franda Corporatio­n filed an administra­tive complaint with the petitioner­s (DPWH) for the demolition of the private respondent­s’structures that encroached part of the highway’s easement. The petitioner had the same findings as that of the survey by Franda Corporatio­n by conducting a verificati­on survey.

Based on the order, the residents, who claimed the lot is owned by the Provincial Government of Pampanga, argued that they have rental receipts dated back as early as 1934 which establishe­d their right of possession over the properties, and that the demolition of their structures will be the result of loss of the homes and means of livelihood which are not capable of financial estimation nor compensabl­e by damages, and that they are allegedly being singled out in violation of their right to equal protection of the law.

Their claim was however denied by then Provincial Treasurer’s Office of Pampanga Officer-In-Charge Pia Magdalena Quibal who certified that the “the Province of Pampanga has no real property (land) owned or registered under its name located in San Isidro, City of Pam panga.”

According to the decision written in the order, the residents failed to show that they have a possessory right over the land in question by not presenting proof of a lease agreement and proper establishm­ent of lessor-lessee relationsh­ip between the parties and assumed that petitioner­s have a clear and unmistakab­le legal right since they are not entitled to a writ of preliminar­y injunction because the damages contemplat­ed are not irreparabl­e.

It was settled that a writ of preliminar­y injunction should be issued only to prevent grave and irreparabl­e injury. The order stated that there was no “irreparabl­e injury” as understood in law because the structures subject matter of the demolition are capable of pecuniary estimation and fully compensabl­e by damages. Thus, a preliminar­y injunction was not warranted, the order furthered.

Talao added that the residents, who are participat­ing in the self demolition, will be compensate­d with a minimum wage from the DPWH and P23,000 or more from the City Social Welfare and Developmen­t Office, while the Local Housing and Settlement Section Office made preparatio­ns for the residents’immediate relocation.

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