Cebu City Hall intervenes in Brgy. Apas demolition

THE Cebu City Legal Office yesterday filed before the Municipal Trial Court in Cities Branch 6 an urgent motion to suspend the demolition of structures of 157 families in Sitio San Miguel, Barangay Apas and to comply with provisions of Republic Act (RA) 7279, or the Urban Development and Housing Act.

Some 40 houses have been torn down since the demolition started last March 4, said Apas Barangay Captain Ramil Ayuman.

In a copy of the motion, the legal office headed by Atty. Gerone Castillo said RA 7279 provides that the local government unit and the National Housing Authority shall provide adequate relocation to those affected by the demolition.

But the City has yet to set aside a relocation site for the affected families, the legal office said.

Also, the law states that the relocation site should be provided within 45 days from service of notice of final judgment by the court.

Notice not received

The finality of the notice of judgment, the legal office said, refers to a judgment that is no longer appealable and must also be executed since the period for appeal has elapsed without a party having filed an appeal.

This is provided for in the case of Presidential Commission on Good Governance vs. Sandiganbayan.

In the instant case, however, the City did not receive any such notice of final judgment from this honorable court. The City can only deduce that its failure to receive such final notice was due to the fact that the Sept. 30, 2013 judgment of this court is still on appeal and therefore cannot, by any standard, be considered as final, the legal office said.

Aside from this, the legal office said there is a need to suspend the demolition since there are serious issues surrounding the issuance and implementation of the demolition.

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Cebu City Hall intervenes in Brgy. Apas demolition