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Lot owner asks court to stop demolition

First Posted 09:55:00 10/01/2009

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A LOT owner has asked the Regional Trial Court (RTC) to stop the Cebu City government from destroying the structures where the city wanted its heavy equipment to pass through.

Michael Blanco of barangay Pahina Central, Cebu City, asked the court to issue a temporary restraining order against the city government represented by acting Mayor Michael Rama.

He also demanded from the city a payment of P50,000 in attorney's fee and P30,000 in litigation costs.

On Sept. 17, Blanco received a notice from the Office of the Squatters Prevention Encroachment Elimination Division (Speed) directing him to remove the structures on his lot.

Blanco filed his opposition to the notice and informed the City Attorney's Office about it through a letter.

The City Attorney's Office, however refused to receive the letter because a separate office had ordered the demoliton.

The City Attorney gave Blanco a copy of the demolition order.

Blanco learned from the order that the demolition would be implemented on Oct. 1.

?Plaintiff, as owner of the property, has all the right to be informed of the impending demotion considering the fact he is the registered owner of the property,? said his lawyer Richard Bauzon.

?If not for a copy given to him by the City Attorney's Office, plaintiff has no way of knowing of the impending demolition of the structures on his property,? he added.

Bauzon said basic rule requires that no one should be deprived of his property without due process of law.

Bauzon said that although the purpose of the city was noble, the government should follow the rule of law.

The civil case was assigned to RTC Judge Raphael Yrastorza of Branch 14.

/Reporter Ador Vincent S. Mayol


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