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The chance of the 265 victims of the Nov. 10 Lahug fire to rebuild their houses in a sitio San Jose lot has become slimmer after the court ordered the barangay Lahug captain not to stop the University of the Philippines in the Visayas Cebu College officials from setting up a fence around the lot.
Regional Trial Court (RTC) Judge Sylvia Aguirre-Paderanga of branch 16 yesterday issued a 20-day temporary restraining order against Lahug Barangay captain Mary Ann delos Santos whom the university complained of allegedly preventing UP officials from taking possession of the 800 square meter lot donated by the Capitol to UP.
The university asserted its ownership of the lot a day after the fire destroyed at least 30 houses and displaced at least 265 victims.
UP officials sent Delos Santos a letter that they would secure the lot on Nov. 12.
Delos Santos, however, told the school officials that they should follow the process and that the school could not just come in and claim the lot without thinking of the welfare of the fire victims.
UP went to court, who decided on their request yesterday.
?The court directs the defendant (Delos Santos) to stop preventing the complainant (UP) from fencing the property in effect preventing possession of their land,? Paderanga said in open court.
The court order, however, will only be effective until December 6.
Judge Paderanga has yet to rule on UP's request for the issuance of a permanent injunction order against delos Santos.
A hearing is scheduled on Nov. 25.
Judge Paderanga said UP has the right to enforce what it wants to a lot which has long been established to be owned by the university.
?The law must prevail. The right to the lot belongs to the owner. It's okay to allow these settlers to stay for months (while awaiting relocation), but not to allow them to rebuild their homes. We can be just without stepping on other's toes,? Paderanga said.
Paderanga also suggested officials of barangay Lahug to look for a relocation site for the displaced settlers.
?If I am a government official, it is my duty to ensure that my constituents are following the law. It is my duty to find a relocation site for them in a public property, perhaps; not in a private property which will be used for the homeless. You have the mandate to protect the people but not at the expense of others. I will not protect someone who will violate the law,? Paderanga said.
Delos Santos, who attended yesterday's hearing, said relocating displaced families is hard to address as of now.
?If only I have a relocation site now ... even the city could not provide one, how much more with the barangay?,? delos Santos asked.
She, however, promised to heed the court's order.
?There is nothing I can do. That's the decision of the judge. I subscribe to that,? she told reporters.
Delos Santos, however, manifested her disappointment after the hearing.
?My doors are open for a discussion. I don't want a revolution in my barangay. I'm the barangay captain of UP and the displaced residents. I felt betrayed, however, when UP went to court. I thought we can settle it,? she said in front of the judge and the counsels of both parties after the hearing.
She said she was never given a chance to settle the issue in the barangay level.
UP was represented by lawyer Jesus Atoc while delos Santos took lawyer Cecilia Adlawan as counsel.
Also present during the hearing was UP Dean Enrique Avila and UP supervising administrative officer Alsidry Sharif
The heirs of Prudencio Magno, one of the settlers in the area, also filed their motion to intervene as plaintiffs in the case.
Magno's lawyer Salvador Solima asked UP to file a case for ejectment because some displaced settlers were already able to rebuild their houses in the area.
Solima lambasted UP for not allowing the displaced settlers to live in the area owned by the university.
The heirs of Prudencio Magno filed a civil case against the Capitol over the ownership of the land in Lahug.
The case, however, was dismissed last April 2009.
Some of the settlers however managed to rebuild their houses after the complaint filed by UP last Friday was not acted upon by the court.
