SP asks Court to delay demolition in Carmen

The 20th City Council, presided over by Vice Mayor Bebot Rodriguez during its 88th regular session, adopted the resolution requesting Regional Trial Court Presiding Judge Carolyn Carolyn N. Casiño-Damasing to hold in abeyance for 6 months the demolition of the structures of 5 families in Brgy Carmen issued by on May 31, 2024.

The Gavel learned that the plaintiff’s counsel already filed 2 motions in court on March 25 and May 31, 2023 after having found out that some structures of the defendants have not been removed despite the constant issuance of the writ of demolition since November 18, 2022.

The defendants, however, are protected by Section 28(8) of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, which prescribes that a demolition can only be considered executory if it conforms to the guidelines of just and humane eviction.

While the power to decide on the matter rests on the court, the City Council can only do so much by way of requesting the court to delay the demolition until the relocation project, which the local government of Cagayan de Oro is currently preparing for the affected residents, will be in place.