PRESS RELEASE I July 4, 2011
Davao City—Mayor Sara Duterte’s punching the court sheriff was a stark reminder of the pressing need to address the historical problems confronting the urban poor and the rising threats of demolition.
Sheena Duazo, spokesperson of Kalipunan ng Damayang Mahihirap (Kadamay)-Davao said the history of the struggle of the United Settlers Association of Bangoy Soliman, Inc (USABSI) against Davao Enterprises Corporation shows the lack of the state’s decisive resolution to address the issue.
She added that “Mayor Sara’s act should set the stage for the state to implement a comprehensive resolution of urban landlessness and stop the violent eviction by armed apparatuses of the state.”
Kadamay said “Inday Sara’s act of was justified, not only to deter further violence in the inhuman demolition, but also because the urban poor have the right against forced eviction and that proper relocation should only be done if democratic consultation, and in this case the survey and landmarkings, are made by the state.”
In the 1950’s, the defendants, their predecessors and their heirs established their respective occupation and introduction of improvements in the area.
On January 23, 1986, a Presidential Decree No. 2016 was declared “prohibiting the eviction of occupant families from land identified and proclaimed as Areas for Priority Development (APD) or as Urban Land Reform Zones and exempting such land from payment of real property taxes.”
Four days later, Pres. Marcos issued a Memorandum to then Mayor Elias B. Lopez and to National Housing Authority General Manager declaring Agdao Creek Area (from Sta. Ana Avenue up to the mouth of the creek to include area of Gotamco) under “Areas for Priority Development or as Land Reform Zones” under SIR Programs.
It was on April 25, 1995 when the Davao City Council passed Resolution No. 8537/City Ordinance No. 3237-A, series of 1995, “authorizing the City Mayor to sign, for and in behalf of the City of Davao, the Deed of Sale” “covering an area of 3,143 sq m, more or less, containing 30 lots, situated at Soliman St., particularly at Blocks II and III to qualified occupant-members of United Settlers’ Association of Davao, Inc.
Yet, on May 11, 2009, Branch 5 of MTCC issued an Order directing the Geodetic Engineer of the environment department “to conduct the relocation survey for the purpose of determining the actual positioning of the residents vis-a-vis claimed lots of DAVENCOR”, and if “there are defendants residing outside the premises, plaintiff agrees to drop them from the complaint’.
Three months later, that same MTCC branch issued an Order “setting for the continuation of the preliminary conference on Sept. 7, 2009” “by the rule of summary procedure” for failure to present the relocation survey by the Geodetic Engineer of the DENR.
On January 10, 2010, the 30 lots supposedly to be bought by the city was amended to 83 lots by virtue of City Ordinance No. 343-10.
Last month, on June 24, the Regional Trial Court issued a Memorandum of Appeal that said, “it is most respectfully prayed that the Decision of the MTCC, Branch 3, Davao City dated October 2, 2010, be reversed and set aside, and further that the ejectment case against the defendants be dismissed for lack of merit…”
On June 30, Kadamay together with the residents decided to plan to defend themselves from the July 1 demolition, as the City Housing Officer, upon instruction from Mayor Duterte, read the names of only 73 residents who were qualified for relocation.
After the stand-off last July 1, residents quoted Mayor Duterte as having said “Nganong nagkagubot man mo dinhi nga human naman ta og estorya, wala mo nakasabot? Giingnan ta mo nga duna moy kapilian…Human niana, gipapili ang mga tawo, kung Los Amigos ba o ULRP o CMP, mamahimong mo-avail bisan nga anaa sa private o road right-of-way.”
Kadamay urges Mayor Duterte to instruct housing agencies “undertake the survey in the contested property, find an appropriate relocation near the workplace of evicted residents instead of transferring them to the farflung relocation sites.”
Duazo concluded, “All the more the local government, the Pnoy administration, has the responsibility to address the issue of urban landlessness; otherwise, violent eviction should have no place in our society. The urban poor, the Soliman residents, should be allowed to remain in their lands, until comprehensive social services are afforded to them by the state.”
Reference: Sheena Duazo, Kadamay-Davao, Deputy Secretary-General (0949-627-0377)
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