A City Hall lawyer yesterday got a tongue-lashing from the judge hearing the eviction case in barangay Apas where a demolition is set for May 7.
Lawyer Collin Rosell, DWUP chief, argued before RTC Branch 10 Judge Soliver Peras that the Feb. 9, 2008, court ruling affirming the ownership of Mariano Godinez of the 4.7-hectare lot in sitio San Miguel, barangay Apas is not final because City Hall did not receive a copy of the court ruling.
“It is required that Service of Final Judgement as notice should be done,” he told the court during a hearing of the city’s motion for reconsideration.
Judge Peras, however, said the letters sent by Cebu City Mayor Michael Rama to the court seeking the postponement of the demolition is an acknowledgement of service of final judgement.
“Writing letters (to the court) constitutes a waiver that service of the final decision has been made,” Peras said.
“When Rama requested the court to postpone the demolition, it’s just like an admission that they were informed about the finality of the ruling,” Peras added.
Judge Peras also said the 168 settlers of lot 937 in sitio San Miguel who are members of the Archangel Residents Mergence Inc. (ARMI) couldn’t be considered unprivileged.
The judge gave Godinez five days to comment on the motion for reconsideration filed by the city government.
The motion for reconsideration doesn’t stop the demolition scheduled on Monday, May 7, according to court sheriff El Cid Caballes. /Reporter Ador Vincent S. Mayol
Posted on May 3, 2012
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