A local court ordered the local government to cease and desist from implementing an earlier issued demolition order for the dismantling of a structure allegedly constructed within portions of the Buyog watershed until the final resolution of the issues in a case filed for the said purpose.
In a 2-page order, Judge Hilario Belmes of the city’s Regional Trial Court (RTC) Branch 78 granted the petition of Maria Isabel Magalgalit that sought to stop the local government in implementing the said demolition order for the dismantling of her structure considering various issues and concerns related to the said matter.
The order prevented the local government headed by the local chief executive and the head of the City Buildings and Architecture Office (CBAO) represented by the City Building Official, their representatives and all persons under them or in their behalf from enforcing the said demolition order until such time that all the issues in the case shall have been addressed.
In support to Magalgalit’s application for the issuance of the writ of preliminary injunction, Edward Magalgalit, the spouse of Maria Isabel, was presented as a witness and his testimony was terminated during the hearing called for the purpose.
He testified on direct and cross examination and attested that he and his family had built their own structure as early as the same year.
Further, he testified that his family had been religiously paying the real property taxes.
The court stated that based on the evidence presented, there is a right in esse that would substantially be injured by the outright demolition of the structure which is currently being occupied by Maria Isabel and her family, thus, in the higher interest of substantial justice, the court resolves to grant her prayer for issuance of a writ of preliminary injunction.
Maria Isabel is a member of the United Pinget Homeowners Association which is duly accredited by the Presidential Commission for the Urban Poor (PCUP),
She and her family had been in possession and occupation of that parcel of land located at No. 12, Purok 9, Pinget barangay since 1987.
Moreover, members-inhabitants and actual occupants in the said area consists of more than 900 families.
However, on November 5, 1992, Proclamation No. 93 otherwise known as An Act Establishing as Buyog Watershed Forest Reserve for purposes of protecting, maintaining, or improving its water yield and providing restraining mechanisms for inappropriate forest exploitation and disruptive land use, certain parcels of land within the public domain situated in Residence Section K was issued.
Proclamation NO. 93 consists of a total area of 199,315 square meters which included the portion of 123,952 square meters actually occupied and possessed by inhabitants including the parcels of land occupied by the plaintiff which consists of Purok 5,7, 8, 9, 10, 11 and 12 of Pinget barangay.
Prior to issuance of Proclamation No. 93, a letter-appeal dated August 27, 1991 addressed to former President Corazon C. Aquino was submitted by then Pinget punong barangay requesting the exclusion of inhabited areas from the proposed Proclamation.