By NITZ ARANCON
and LITO RULONA
Correspondents .
A LAWYER yesterday succeeded in buying more time for hundreds of Baloy families affected by a demolition order after he convinced a judge to hold in abeyance the writ.
Judge Eleuteria Algodon of the 2nd branch of the Municipal Circuit Trial Court here granted lawyer Dale Bryan Mordeno on behalf of over 200 families in Purok 12, Sitio Baloy, Barangay Tablon, who are affected by the writ of demolition.
Algodon’s move came in the afternoon, hours after a demolition team destroyed at least 10 houses in Purok 12. The targets of the demolition team led by sheriff Fernando Loncion were some 240 households.
In his urgent motion, Mordeno asked the court to give the residents more time to be properly relocated to a site in Sitio Palalan in Barangay Tablon that was supposedly provided by Hemari Properties and Development Corp., owner of the Baloy property.
Mordeno, incidentally, is also the lawyer handling Mayor Oscar Moreno’s graft cases before the Sandiganbayan and the Office of the Ombudsman.
Judge Algodon is set to hear Mordeno’s plea at 8:30 am today. In his pleading, Mordeno asked the court on behalf of the residents the court for 15 days to hold in abeyance the implementation of the demolition order.
The writ stemmed from a July 7, 2014 civil case filed by Hemari against Nemesio Abarico, Estela Rubi, Rosito Tanguamos, Luz Tabasam Roberto Torayno and others for occupying the firm’s property without permission.
On April 8, 2016, Algodon ruled in favor of the corporation, and on Nov. 8, 2016, the judged issued the writ of demolition which Loncion’s group tried to serve yesterday.
Baloy Neighborhood Association Inc. spokesperson Liezel Bajao said called on city hall to help them.
“Dili gyud kami mosugot nga ma-demolish kay wala pa may relocation nga gi-provide sa city government. Mag-unsa kami kung walay relocation,” she said.
Bajao also questioned the legality of the demolition order, alleging that the firm failed to show the original land title during court hearings.
Bajao said many of the families have been living in the area for over 50 years already until Hemari Properties made a claim on it in 2014.
Bajao asserted that the property is classified as a public land by the City Environment and Natural Resources Office. She said what the company has was merely a tax declaration.
But the firm’s lawyer Jenny Go said her client has a land title and a tax declaration. “Dili kana public land tungod kay duna kanay tag-iya,” Go said.
Meanwhile, said the families want a relocation site near a public market and school with a road network and public transportation.
Bajao said the relocation site offered to them by city hall in Barangay Pagatpat was unacceptable in that it is located at a hill side.
She said the Tablon officials also offered a relocation site in Sitio Palalan but the area has yet to be developed.
Disclaimer
Mindanao Gold Star Daily holds the copyrights of all articles and photos in perpetuity. Any unauthorized reproduction in any platform, electronic and hardcopy, shall be liable for copyright infringement under the Intellectual Property Rights Law of the Philippines.
