Despite a court ruling that demolition of their houses should proceed,聽 residents of sitio San Miguel, barangay Apas said they won鈥檛 move out of the 4.7 hectare lot that they considered home for years.
鈥淲e won鈥檛 transfer,鈥� said Anne Serana, secretary of the Archangels Residents Mergence Inc. or ARMI housing association whose members occupy the lot owned by Mariano Godinez.
Serana said they met to discuss their聽 options following the聽 ruling of Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 that lifted a聽 suspension of the demolition of their houses.
Godinez鈥檚 lawyer Roberto Palmares said his client is聽 open to requests from settlers to be given time聽 to voluntarily vacate the area.
鈥淚 think my client is receptive if only to avoid violence,鈥� Palmares said.
But residents insisted that they should stay because the area was classified by the city government as a socialized housing site in 1999.
The judge lifted an earlier order which suspended the implementation of the writ of demolition.聽 Over the years, the lot near Camp Lapu-Lapu has been occupied by聽 families of retired soldiers and policemen.
Palmares earlier proposed a written agreement between Godinez and the residents that would confirm their willingness to vacate the lot after six months.
Benjamin Militar, counsel of the residents who belong to the Archangels Residents Mergence Inc. or ARMI housing association, declined to comment on the offer.
Rep. Tomas Osme帽a of Cebu City鈥檚 south district said he is against a compromise and that residents should be allowed to stay 鈥渇or a lifetime.鈥�
Palmares said a dialogue between the residents and the owner is possible.
鈥淚 don鈥檛 want a violent confrontation. We can discuss a聽 relocation. This time, let鈥檚 make things clear. Let鈥檚 sign a compromise agreement,鈥� he said.
When asked about聽 Osmena鈥檚 stand that residents should stay permanently, Palmares said 鈥渢hat means they claim they own the lot.鈥�
Judge Peras said the Cebu City government failed to comply with Republic Act 7279 or the Urban Development and Housing Act (UDHA) of 1992 which mandates local government units to prepare relocation sites for displaced聽 settlers.
The judge said the 45-day period for the LGU to prepare a relocation site already expired since the main case was deemed 鈥渇inal and executory鈥� in 2008.
Peras said the three-year moratorium on eviction and demolition had also lapsed.