“We couldn’t resist anymore. We were hoping that the city will help us and fight for us but we were proven wrong. Way before the demolition attempt last year though, the Mayor already told us that we lost the case and that we should self-demolish. She also never said she punched the sheriff to save us from being demolished, she was only there because she wanted the demolition to be peaceful.” — Marlene Compacino, a resident of Soliman
By JOHN RIZLE L SALIGUMBA
Davao Today
DAVAO CITY, Philippines — It took a year for these residents to fight for the right to their homes. A year that saw Davao City Mayor Sara Duterte punched a court sheriff who executed the demolition order without her presence that resulted in violence. A year that had residents filed a case to the Court of Appeals on their legal right to their homes.
But on July 27, the demolition of the homes of some 300 families in Soliman in Agdao village took place. The area is now fenced and taken over by Davao Enterprise Corporation (Davencor).
There was no more punching from the mayor, nor were there provocations and violence from the residents, thus it was reported as a ‘peaceful’ demolition.
But residents such as Camilo Adelan are enraged because the demolition and fencing of their land took place even with a case pending in court.
“There is still an ongoing appeal for the case. (But) what else can we do now?,” Adelan pointed at his demolished house. “They’ve destroyed the houses and we cannot fight back. Look at all the policemen with long firearms,” he added.
Adelan and other residents filed a case on the disputed land at the Court of Appeals, questioning the transfer certificate of title claimed by Davencor.
Government shortcoming
Some residents like Cocong Arandia, whose father was one of the first residents in Soliman, had an Original Certificate of Title and even a permit from the city government to build a piggery for his livelihood.
Because he had papers that assured him of the legality of their property, Arandia thought his house and piggery will not be hit by the demolition.
“We were surprised. Judge Emmanuel Carpio (who presided the case) said that whether our property be outside or inside the land being claimed by Davencor, it will not be affected because we hold a title. We even have a copy of the stenographic notes,” said Arandia.
Residents like Arandia pursued the court case and reportedly posted a 100,000-peso (USD 2,386) bond before the Court of Appeals for the issuance of a Temporary Restraining Order on the demolition. But according to a resident Penny Panungkad, they were still made to post a much larger amount of 270,000 pesos (USD 6,442) and a monthly rental of 5,000 pesos (USD 119).
Arandia hoped their case had a chance.
“We are curious with the title held by Davencor, so we obtained a copy from Manila. It was stated in the document that a comprehensive survey was made in 1921, but as far as I know, during that time this area is a river,” Arandia said.
“If there are inconsistencies in land titles, it is the shortcomings and responsibility of the government. The Bureau of Land shouldn’t have allowed us to secure a title for our property if it has an existing owner,” he added.
What saddens Arandia is there were only a few of them who made sure they were holding a title for their property.
“We know its public land so many did not think it would be taken away,” he said.
One resident interviewed by Davao Today claims the demolition even reached nighttime and there were demolition done during weekends.
“It’s only now that I’ve heard of a demolition without government assistance. We were abandoned by the Barangay, we were abandoned by the government,” he said.
“Davencor offered us money just to demolish our houses. Our properties have no titles but we know we are standing on government property because we are on the road-right-of-way. Why would we let the claimant buy us off when we are standing on public land,” he added.
Adelan does not know what to do with the case as the demolition has taken place. “(If we are to pursue our case), it doesn’t matter anymore they’ve already started to destroy our houses,” he said.
Relocation
What awaits the residents is uncertainty, even with relocation and offers made by Davencor.
For Marlene Compacino, the relocation site offered by Davencor takes them away from their livelihood and is not an assurance of a house to live in.
“The assistance provided cannot afford us materials even for a shanty. There is no electricity and water supply there yet, and we do not actually own the lot,” Compacino said.
As of press time only 74 families are said to be qualified for relocation while almost 300 families live within the area.
“We couldn’t resist anymore. We were hoping that the city will help us and fight for us but we were proven wrong. Way before the demolition attempt last year though, the Mayor already told us that we lost the case and that we should self-demolish. She also never said she punched the sheriff to save us from being demolished, she was only there because she wanted the demolition to be peaceful,” Compacino said.
The demolition of homes in Soliman, Agdao adds to the plight of many urban poor in Davao, which according to the urban poor organization Kalipunan ng Damayang Mahihirap, has seen demolitions of 57 communities in the city that affected 6,000 families. (John Rizle L. Saligumba/davaotoday.com)
World
