Urban poor group welcomes an order from a Regional Trial Court (RTC) in Cagayan De Oro, Misamis Oriental, which delayed the demolition of homes of more than 50 families in barangays Puntod and Macabalan.
The decision came after a barricade staged by affected residents and members of Cagayan Integrated Landless Residents Association Incorporated (CILRAI) who had kept vigil and blocked the street leading to the community that was supposed to be demolished.
According to Kadamay, a national alliance of urban poor groups, the said demolition in Cagayan De Oro, had it pushed through, would be the first case of demolition of homes of the urban poor since the Papal Visit this month.
Pope Francis, in his 5-day state and apostolic tour to the Philippines, appealed on the Filipino Catholics, public official included, to respect and defend the rights of poor. After the Papal visit, the decision of the Aquino government to keep some 500 street dwellers from the eyes of the Supreme Pontiff by bringing them to a family camping in a high-end resort has been widely criticized on national media.
Carlito Badion, Kadamay national secretary-general said, "We welcome the decision of the RTC-Northern Mindanao, even though it only gave a temporary relief to Oro residents. It has served as a test on how the government has responded to the pro-poor call of Pope Francis."
Acting on a motion filed by the City Government to defer the execution of the demolition order that could have left dozens of families homeless on Wednesday had the eviction pushed through, the RTC ruled in favor of the CILRAI and gave affected families 90-day, leeway to transfer to a new site to rebuild their community.
In his order, RTC Branch 25 Judge Arthur Abundiente dated January 27, 2015 has decided that although the two companies (ATCO Enterprises Corporation and A&T Realty Commercial Corporation), the plaintiff-intervenors of the case, have been recognized by law as the owners of portions of the area presently occupied by the residents, the court has also considered the concerns of the resident, especially the students.
“After carefully evaluating the situation, this Court believes that giving the Movants the 90-day period may cause damage to the plaintiff but the same will NOT be irreparable,” said Abundiente in his decision.
He added, though, that "denying the movants what they prayed for will cause serious and irreparable injury to the school children that will be dislocated, and this may permanently damage them psychologically. For these young children, and their families, it will be wrongly, yet permanently etched in their minds that the Government was not on their side. It will create the impression in their young minds that the Government was in fact against them, and had caused them extreme hardships, merely because they are poor,” he said.
The scheduled demolition, he added, “will also cause severe traumatic experience to all those whose houses will be demolished, seeing their homes being destroyed and their investment and efforts going down the drain.”
"To avoid any bloody confrontation between the homeowners and the authorities, and with the assurance that the defendants will voluntarily dismantle their homes, vacate the contested area, and transfer to the relocation site which will be prepared by the City Government of Cagayan de Oro and the National Housing Authority within this 90-day period, the Court believes, that in the final analysis, the grant of this Motion will be beneficial to all." the decision cited.
Such a court decision is reminiscent of the pro-poor message to the Filipino people, according to Kadamay. "It is quite a progressive effort" which diverts from the campaign launched by the Aquino government to wipe out urban poor communities in favor of projects in major cities nationwide," Badion said.
"As the executive has launched an all-out war against the urban poor to favor the interests of big businesses, we are expecting the judiciary, from the Supreme Court to the lowest trial courts in the country to respect the rights of the urban poor," added the urban poor leader.
Kadamay said that aside from scores of street barricades against demolition and violent confrontations between authorities and urban poor groups under the Aquino administration, at least 14 individuals composed of leaders and ordinary residents were killed as they defend their communities.
Victims of most recent demolition-related killings include Resty Torres, 60, who suffocated from tear gas during a demolition of homes along Agham Road in Quezon City a year ago, and Nixxon Tungao, 35, who was shot dead during a demolition Barangay Calangahan, Lugait, Misamis Oriental.
Repeal UDHA
Badion, meanwhile added that for the court to fully recognize the rights of the poor, anti-poor and neoliberal policies including the Urban Development and Housing Act or the Republic Act 7279 must be repealed immediately by the Congress.
UDHA in its 22 years of existence has been used by the government and big businessmen to evict urban poor from their communities, according to Kadamay.
"Because of UDHA, the demolition of urban poor communities whenever the government is in need of the land for its infrastructure and business ventures is legalized. As long as this law exists, the court can only give temporary relief to urban poor who face threats of demolition, as in the case of Cagayan De Oro demolition," Badion said.
In the event that after the lapse of the 90-day period, “the defendants [Cilrai] are still in the contested area and have not vacated the same, demolition shall proceed without need of further Order from this Court,” Abundiente added in his decision.
Other case demolition since the Papal visit
Meanwhile, in an urban poor community in Quezon City, a local sheriff has renewed a demolition order to residents of Ilocandia St, Litex area, Barangay Commonwealth Quezon City giving them a week to vacate their community.
According to residents, Tadeo Palma who Secretary to QC Mayor Herbert Bautista, and his business partners, have been pursuing the eviction of residents as development in the Litex area began to take shape years ago.
In December last year, a barricade staged by residents forced demolition team and authorities to withdraw their plan.
Kadamay, has called on the the Filipino public, particularly the Catholic faithfuls as well as the church people, to stand with the urban poor in defending their homes and livelihood, as the messages of Pope Francis remain to be irrelevant to the Aquino administration.
The decision came after a barricade staged by affected residents and members of Cagayan Integrated Landless Residents Association Incorporated (CILRAI) who had kept vigil and blocked the street leading to the community that was supposed to be demolished.
According to Kadamay, a national alliance of urban poor groups, the said demolition in Cagayan De Oro, had it pushed through, would be the first case of demolition of homes of the urban poor since the Papal Visit this month.
Pope Francis, in his 5-day state and apostolic tour to the Philippines, appealed on the Filipino Catholics, public official included, to respect and defend the rights of poor. After the Papal visit, the decision of the Aquino government to keep some 500 street dwellers from the eyes of the Supreme Pontiff by bringing them to a family camping in a high-end resort has been widely criticized on national media.
Carlito Badion, Kadamay national secretary-general said, "We welcome the decision of the RTC-Northern Mindanao, even though it only gave a temporary relief to Oro residents. It has served as a test on how the government has responded to the pro-poor call of Pope Francis."
Acting on a motion filed by the City Government to defer the execution of the demolition order that could have left dozens of families homeless on Wednesday had the eviction pushed through, the RTC ruled in favor of the CILRAI and gave affected families 90-day, leeway to transfer to a new site to rebuild their community.
In his order, RTC Branch 25 Judge Arthur Abundiente dated January 27, 2015 has decided that although the two companies (ATCO Enterprises Corporation and A&T Realty Commercial Corporation), the plaintiff-intervenors of the case, have been recognized by law as the owners of portions of the area presently occupied by the residents, the court has also considered the concerns of the resident, especially the students.
“After carefully evaluating the situation, this Court believes that giving the Movants the 90-day period may cause damage to the plaintiff but the same will NOT be irreparable,” said Abundiente in his decision.
He added, though, that "denying the movants what they prayed for will cause serious and irreparable injury to the school children that will be dislocated, and this may permanently damage them psychologically. For these young children, and their families, it will be wrongly, yet permanently etched in their minds that the Government was not on their side. It will create the impression in their young minds that the Government was in fact against them, and had caused them extreme hardships, merely because they are poor,” he said.
The scheduled demolition, he added, “will also cause severe traumatic experience to all those whose houses will be demolished, seeing their homes being destroyed and their investment and efforts going down the drain.”
"To avoid any bloody confrontation between the homeowners and the authorities, and with the assurance that the defendants will voluntarily dismantle their homes, vacate the contested area, and transfer to the relocation site which will be prepared by the City Government of Cagayan de Oro and the National Housing Authority within this 90-day period, the Court believes, that in the final analysis, the grant of this Motion will be beneficial to all." the decision cited.
Such a court decision is reminiscent of the pro-poor message to the Filipino people, according to Kadamay. "It is quite a progressive effort" which diverts from the campaign launched by the Aquino government to wipe out urban poor communities in favor of projects in major cities nationwide," Badion said.
"As the executive has launched an all-out war against the urban poor to favor the interests of big businesses, we are expecting the judiciary, from the Supreme Court to the lowest trial courts in the country to respect the rights of the urban poor," added the urban poor leader.
Kadamay said that aside from scores of street barricades against demolition and violent confrontations between authorities and urban poor groups under the Aquino administration, at least 14 individuals composed of leaders and ordinary residents were killed as they defend their communities.
Victims of most recent demolition-related killings include Resty Torres, 60, who suffocated from tear gas during a demolition of homes along Agham Road in Quezon City a year ago, and Nixxon Tungao, 35, who was shot dead during a demolition Barangay Calangahan, Lugait, Misamis Oriental.
Repeal UDHA
Badion, meanwhile added that for the court to fully recognize the rights of the poor, anti-poor and neoliberal policies including the Urban Development and Housing Act or the Republic Act 7279 must be repealed immediately by the Congress.
UDHA in its 22 years of existence has been used by the government and big businessmen to evict urban poor from their communities, according to Kadamay.
"Because of UDHA, the demolition of urban poor communities whenever the government is in need of the land for its infrastructure and business ventures is legalized. As long as this law exists, the court can only give temporary relief to urban poor who face threats of demolition, as in the case of Cagayan De Oro demolition," Badion said.
In the event that after the lapse of the 90-day period, “the defendants [Cilrai] are still in the contested area and have not vacated the same, demolition shall proceed without need of further Order from this Court,” Abundiente added in his decision.
Other case demolition since the Papal visit
Meanwhile, in an urban poor community in Quezon City, a local sheriff has renewed a demolition order to residents of Ilocandia St, Litex area, Barangay Commonwealth Quezon City giving them a week to vacate their community.
According to residents, Tadeo Palma who Secretary to QC Mayor Herbert Bautista, and his business partners, have been pursuing the eviction of residents as development in the Litex area began to take shape years ago.
In December last year, a barricade staged by residents forced demolition team and authorities to withdraw their plan.
Kadamay, has called on the the Filipino public, particularly the Catholic faithfuls as well as the church people, to stand with the urban poor in defending their homes and livelihood, as the messages of Pope Francis remain to be irrelevant to the Aquino administration.
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