GMA backs An­daya, says most law­mak­ers sup­port him

Sun.Star Pampanga - - FRONT PAGE -

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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