Gan set to sue sheriffs, city hall dep’t heads over demolition in Barangay 31

By LITO RULONA,
Correspondent

City Councilor and legal counsel Leon Gan is set to file administrative and criminal charges against the court sheriffs and several government officials who allowed the demolition in Barangay 31 last week.

Gan said the demolition incident has destroyed 132 houses which displaced some 176 families in a depressed area in Barangay 31 after city hall’s Task Force Demolition met and decided to work for the relocation of the affected families to Barangay Pagatpat.

“There is no relocation provided by the city government when they decided for the demolition,” he said.

He said he is preparing charges against Municipal Trial Circuit Court (MTCC) Branch-2 sheriff Greyfuss Acenas and several other sheriffs and local government officials who composes the City Hall’s Task Force Demolition.

Gan said he also prepared the case after a demolition victim suffered hypertension and later died inside the Northern Mindanao Medical Center (NMMC) when his house was subjected for demolition.

“There are two cases of Brgy. 31 filed by the residents. The lot owner filed an ejectment case against the residence and was already decided which caused the release of the writ of demolition. The residence also filed another case entitled annulment of contract of sale. They had an existing contract with the lot owner and they were allowed to reside apan karon ilang gibaligya sa lain. They have the right to first refusal. Kinahanglan i-offer una sa mga lomulupyo usa ibaligya sa lain,” he explained.

Gan said the second case has an order issued by another court like no demolition should be done and upon agreement of the party, let a status quo ante is issued until the next calling.

“The status is applicable to all areas because the title of the pending case is annulment of contract. Which refer to all belongings and area concerned. Kung dunay status quo applicable sa tanan, dili sa pipila lamang. The sheriff claimed that the status quo is only applicable to those persons who filed another case. Ang sheriff dili gapaminaw,” he said.

He said the sheriff only respected at least nine persons who owned residential houses who filed the case in other court and was not subjected for any demolition.

“This has now become a failure of the present administration despite a resolution passed by the city council in late October that pleaded to the court to give city hall until March 30 next year to provide the relocation site for the residents,” he stressed.

The residents, led by Cristina Casiple Ligtas, lost in a land dispute case filed by Silvan Gerald Sabio, a representative of De Oro Bayanihan.

Gan said since the affected residents suffered more after the demolition, he would personally lead other affected families to file appropriate case against the court sheriffs and City Hall department heads and officials.