CEBU CITY — Some personnel of the Philippine Air Force (PAF) are facing indirect contempt charges after they allegedly interfered in the demolition of houses in a controversial 4.6-hectare property in Barangay Apas here.
The case was filed on Tuesday, Nov. 15, before Branch 9 of the Regional Trial Court in Cebu City by Mazy’s Capital Inc., the claimant of Lot 937 in Sitio San Miguel, Barangay Apas.
In the complaint sheet, Special Sheriff Edilberto Suarin and Assistant Sheriff Erntesto Joseph Baz III, who represented plaintiff Mariano Godinez, filed a manifestation with a motion for finding of indirect contempt against the PAF personnel.
Godinez was the former owner of the 4.6-hectare lot that was sold to Mazy’s Capital Inc in 2019. Godinez died three months after the property was paid.
The demolition of houses in the area started last Nov 3.
But last Monday, Nov. 14, Suarin and Baz complained that some PAF personnel prevented them and the demolition team from entering the vicinity.
In the sheriffs’ progress report that was submitted to the court for the filing of the case, the area was barricaded using a six-by-six military truck. In the report, Lt. Col. Efren Cudal, legal officer of 560th Air Base Group of the Philippine Air Force, allegedly claimed that PAF is the administrator of Lot 937 and that they were ordered to secure the area.
Former Caloocan City Rep. Edgar Erice, spokesperson of Mazy’s Capital Inc. who was present during the filing of the case, said what the PAF personnel did was illegal.
“Unless there is a TRO (Temporary Restraining Order) or injunction from any courts, the demolition could not be stopped,” Erice said.
Erice added that the PAF personnel could not present documents to prove that they are the administrator of the lot.
Erice said they will coordinate the matter with the Armed Forces Visayas Command as there will be around 30 PAF personnel that will be included in the case.
Erice added they also plan to file an administrative case against lawyer Sharon Millan-Decano from the Office of the Solicitor General (OSG) for interfering in the demolition.
Decano allegedly contested that no pre-demolition conference was conducted by the claimant.
“What she is saying is very wrong because we had a pre-demolition conference and it was even certified by no less than the Office of the President-Presidential Commission for the Urban Poor,” Erice said.
Col. Ireneo Dalogdog, chief of the Cebu City Police Office (CCPO), confirmed that a dialog was held at CCPO after the incident last Monday.
Among those present in the dialog was Erice, Lt. Col. Alfin Capinguian, ground commander of the 560 Air Base Group, Decano, and lawyer Mary Valencia from OSG.
Dalogdog said the PAF personnel agreed during the dialog that they will no longer intervene in the demolition.
Dalogdog said PAF personnel stayed in the area and their number even doubled even after the dialog.
“No one is above the law. If there will people who will block the demolition, we will address it with diplomacy. They (PAF personnel) are in the area but they did not attack or stop the demolition team,” Dalogdog said.
Erice said the demolition could be finished by Friday as out of the 150 houses that were set to be torn down, only 15 are left.
In a previous interview with the media, Erice said that before the demolition, the company negotiated with the settlers and was willing to pay each family up to P150,000.
Erice said some 45 families have already received about 50 percent of the payment.