Urban poor group files plaint against councilor Nida Cabrera

[noearthko]

---

AN URBAN poor group in barangay Luz filed a complaint against Cebu city councilor Nida Cabrera for allegedly violating laws against squatting syndicates and professional squatting.

The Officers of Barangay Luz Urban Poor Fraternal Organization (BLUPFO) wrote to Ombudsman Conchita Carpio Morales, Visayas Deputy Ombudsman Pelagio Apostol and Cebu City Mayor Michael Rama yesterday.

Diosdada Martinez, president of the sitio Mabuhay Homeowners Association in barangay Luz, was included in the complaint. BLUPFO officials accused both of facilitating the delisting of 32 households from their roster and occupation of professional squatters to areas where houses were demolished.

Cabrera is the president of sitio Nangka Homeowners Association and part of the council’s housing committee.

The group claimed in its letter that Martinez worked for the Presidential Commission for the Urban Poor.

The group led by its president Generosa Corbeta and vice president Lucena Fabular claimed that Cabrera and Martinez provided a list of assumees or occupants who do not reside in the barangay, have already owned houses in other places and are therefore not qualified to assume our lots.”

BLUPFO has 35 members from sitios Mabuhay Nangka, and Lubi. /Correspondent Tweeny Malinao




Urban poor group files plaint against councilor | Inquirer News

[tolits_ch]

The story was published by Cebu Daily News on Sept. 7, 2012. It's recent publication raises the question on timing.

Likewise, the case of the 32 families has already been decided by the courts, from the Regional Trial Court, to the Court of Appeals, up to the Supreme Court.

To quote portions of the court decisions rendered:

Decision, RTC Branch 11, dated 13 April 1998, Civil Case No. CEB-18352: (1) Declaring the defendants Sitio Nangka Homeowners Association, Inc., Mabuhay Homeowners Association, Inc. and Sitio Lubi Homeowners Association, Inc. as having validly acquired by purchase the lands involved in the case and declaring Torren's Certificate of Title issued in their names for the said lands as having already become indefeasible and incontrovertible; (2) Declaring the plaintiffs as having no legal right to buy, own or possess the said lands and, accordingly, hereby ordering them, as they are hereby ordered, to vacate the premises of said lands as soon as possible; (3) Dismissing the complaint filed in this case, together with the counterclaims filed by the defendant National Home Mortgage Finance Corporation and the defendants' homeowners' association.

Decision, Court of Appeals, dated 07 July 2005: The Honorable Court of Appeals categorically declared in no uncertain terms the disqualification of the aggrived parties to avail of the benefits of R.A. 7229. "This leads us to the conclusion that the Provincial Government of Cebu, as well as the City Government of Cebu have disposed of the questioned government lots in accordance with the mandate of Republic Act 7279. Consequently, appellants herein have forfeited the privilege of buying the land they are occupying, and acquired no rights over the same."

The Supreme Court Resolution, dated 04 June 2008 and docketed as G.R. No. 174962, denied the Petition for Certiorari for failure to sufficiently show that the Court of Appeals committed any reversible error in the challenged decision and resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction. It its Resolution, dated 17 September 2008, the Hon. Supreme Court resolved to deny the reconsideration filed with finality. Per Entry of Judgment issued by the Supreme Court, the aforesaid 04 June 2008 Resolution has, on 31 October 2008, become FINAL and EXECUTORY.

Here is the take of the Cebu City Council on this matter:

City Council Resolution No. 12-4206-2012 [Sept. 26, 2012]: "expressing the Cebu City Council's disagreement to the proposal that the City Government will purchase the lots occupied by the 32 recalcitrant families since this will serve as a bad precedent under the Socialized Housing Program of the City and in view of the need to respect and abide by the ruling of the Court." It would convey the message that it is acceptable that beneficiaries will be delinquent with their payments since the government can purchase the lots for them. It would destroy the city’s social housing program.


Read more: Demolition of 32 families in Barangay Luz [Cebu City]: the real score

[Rakizta]

is this politically motivated ? what do you think ?

[edgeknife]

^ sort of. i know she is winning baya.

[Rakizta]

ana man jud na basta election there is good and bad publicity . kong winning siya di good publicity ni .