ANGELES CITY – It took about one hour on Tuesday night for the sheriff to serve the writ of demolition and a 72-hour Temporary Restraining Order (TRO) issued by Executive Judge Ma. Angelica Paras-Quiambao against the two concrete walls constructed by the Nepomuceno family at the passage leading to the Royal Garden Golf and Country Club (RGGCC) in Barangay Cutcut here.
Twenty six people, including 11 Koreans, had been trapped in the standoff which started at wee hours on Monday.
Sheriff Vic Sicat served the writ of demolition and TRO at about 7:49 p.m. and was read by the guards belonging to the MST security agency owned by the Nepomucenos.
On the two-way radio handled by the civilian-wearing MST guard, a woman on the other end advised him to tell Sicat to wait for Councilor Bryan Nepomuceno, a lawyer and son of Cutcut Barangay Captain Cecille Nepomuceno.
A vehicle arrived a few minutes later and its occupants took copies of the orders penned by Quiambao on January 18. A certain Manalo also arrived and spoke with Sicat and read the orders. Manalo is reportedly a retired police officer and head of the MST.
Sicat asked Manalo if Councilor Nepomuceno would be arriving.
Then a voice on the two-way radio advised the MST guards again that Councilor Nepomuceno and Barangay Captain Nepomuceno would arrived together instead.
Asked by reporters how much time would he give the Nepomucenos, Sicat said “reasonable time.”
At about one hour later after the two orders of Quiambao were handed over to the MST guards, Sicat told Manalo that the demolition would be done “now.”
Sicat was told by the MST guards that neither Councilor Nepomuceno nor Cecille could be located.
“I take their (guards) word for it. But the order of the judge should be followed after giving them reasonable time,” said Sicat as he was assisted by some 15 Angeles City policemen, including six SWAT members sent by City Police Director Sr. Supt. Danilo Bautista.
Manalo and the MST guards left the road but went on the side of it to observe the demolition. A bulldozer and dump truck were used to remove the walls dubbed as “Berlin walls” by reporters. An applause from RGGCC workers erupted as the bulldozer destroyed the foundation of the wall measuring about 50 inches in width.
Quiambao, in her writ of demolition order, said: “Whereas, to effectuate the order dated January 18, 2011, the concrete wall erected by the defendants on the lot previously covered by TCT no. 91688, which now registered in the name of Edwina L. Nepomuceno must be peacefully demolished/removed under the supervision of an officer of the court.”
It added that “now, therefore you are hereby commanded to supervise the peaceful demolition, with the assistance of the Philippine National Police, of the concrete wall erected by the defendants on the lot previously covered by tct no. 91688, now registered in the name of Edwina L. Nepomuceno.”
Quiambao asked the Cruz family represented by Atty. Noel Canlas to post bond amounting to P100,000 “which will answer for whatever damage the defendents would be deemed entitled to by the Court to which this case will be raffled.”
“Mr. (Ruperto) Cruz confirmed as true the allegations in the verified complaint. He testified, among others, that on January 17, 2011 at around 3:00 o’clock in the morning, a concrete wall suddenly constructed at the entrance going to the Royal Garden Golf and Country Club, hotels, and residential houses which are owned by the plaintiffs; bought the properties surrounding the subject lot where the defendants constructed a concrete wall. The latter orally guaranteed on easement of right of the plaintiffs; as a matter of fact , the plaintiffs likewise granted the defendants as right of way from the Fil-am friendship highway going to their properties appearing on the black and white portion of Annex E; the oral guarantee of the defendants of an easement of right of way is based on trust; there is no other way from which persons and vehicles behind the concrete wall could exit; the subject concrete wall measures approximately 15 meters long and (7) feet in high; the property behind the concrete wall where the Royal Garden Gild and Country Club, hotels and houses are, which are surrounded by a concrete wall; there is no other path from which persons and vehicles could exit from the plaintiffs properties behind the wall since the areas therein consist of a ravine, houses with fences, and sugar cane plantations,” said Quiambao in the TRO.
“After considering the reasons for the present prayers, and the testimony of the witness, the court finds that there is an urgent need for the grant of prayers, and grave and irreparable injury will be caused to the plaintiffs if the prayer for the issuance of a 72-hour TRO is not granted, not to mention that there are persons presently being held against their will behind the concrete wall, who cannot egress there from. It would result in grave injustice, not to mention a curtailment of the right, to leave the Royal Garden Golf and Country Club premises, which may even affect the health of the persons being held therein,” it added.
Twenty six people, including 11 Koreans, had been trapped in the standoff which started at wee hours on Monday.
Sheriff Vic Sicat served the writ of demolition and TRO at about 7:49 p.m. and was read by the guards belonging to the MST security agency owned by the Nepomucenos.
On the two-way radio handled by the civilian-wearing MST guard, a woman on the other end advised him to tell Sicat to wait for Councilor Bryan Nepomuceno, a lawyer and son of Cutcut Barangay Captain Cecille Nepomuceno.
A vehicle arrived a few minutes later and its occupants took copies of the orders penned by Quiambao on January 18. A certain Manalo also arrived and spoke with Sicat and read the orders. Manalo is reportedly a retired police officer and head of the MST.
Sicat asked Manalo if Councilor Nepomuceno would be arriving.
Then a voice on the two-way radio advised the MST guards again that Councilor Nepomuceno and Barangay Captain Nepomuceno would arrived together instead.
Asked by reporters how much time would he give the Nepomucenos, Sicat said “reasonable time.”
At about one hour later after the two orders of Quiambao were handed over to the MST guards, Sicat told Manalo that the demolition would be done “now.”
Sicat was told by the MST guards that neither Councilor Nepomuceno nor Cecille could be located.
“I take their (guards) word for it. But the order of the judge should be followed after giving them reasonable time,” said Sicat as he was assisted by some 15 Angeles City policemen, including six SWAT members sent by City Police Director Sr. Supt. Danilo Bautista.
Manalo and the MST guards left the road but went on the side of it to observe the demolition. A bulldozer and dump truck were used to remove the walls dubbed as “Berlin walls” by reporters. An applause from RGGCC workers erupted as the bulldozer destroyed the foundation of the wall measuring about 50 inches in width.
Quiambao, in her writ of demolition order, said: “Whereas, to effectuate the order dated January 18, 2011, the concrete wall erected by the defendants on the lot previously covered by TCT no. 91688, which now registered in the name of Edwina L. Nepomuceno must be peacefully demolished/removed under the supervision of an officer of the court.”
It added that “now, therefore you are hereby commanded to supervise the peaceful demolition, with the assistance of the Philippine National Police, of the concrete wall erected by the defendants on the lot previously covered by tct no. 91688, now registered in the name of Edwina L. Nepomuceno.”
Quiambao asked the Cruz family represented by Atty. Noel Canlas to post bond amounting to P100,000 “which will answer for whatever damage the defendents would be deemed entitled to by the Court to which this case will be raffled.”
“Mr. (Ruperto) Cruz confirmed as true the allegations in the verified complaint. He testified, among others, that on January 17, 2011 at around 3:00 o’clock in the morning, a concrete wall suddenly constructed at the entrance going to the Royal Garden Golf and Country Club, hotels, and residential houses which are owned by the plaintiffs; bought the properties surrounding the subject lot where the defendants constructed a concrete wall. The latter orally guaranteed on easement of right of the plaintiffs; as a matter of fact , the plaintiffs likewise granted the defendants as right of way from the Fil-am friendship highway going to their properties appearing on the black and white portion of Annex E; the oral guarantee of the defendants of an easement of right of way is based on trust; there is no other way from which persons and vehicles behind the concrete wall could exit; the subject concrete wall measures approximately 15 meters long and (7) feet in high; the property behind the concrete wall where the Royal Garden Gild and Country Club, hotels and houses are, which are surrounded by a concrete wall; there is no other path from which persons and vehicles could exit from the plaintiffs properties behind the wall since the areas therein consist of a ravine, houses with fences, and sugar cane plantations,” said Quiambao in the TRO.
“After considering the reasons for the present prayers, and the testimony of the witness, the court finds that there is an urgent need for the grant of prayers, and grave and irreparable injury will be caused to the plaintiffs if the prayer for the issuance of a 72-hour TRO is not granted, not to mention that there are persons presently being held against their will behind the concrete wall, who cannot egress there from. It would result in grave injustice, not to mention a curtailment of the right, to leave the Royal Garden Golf and Country Club premises, which may even affect the health of the persons being held therein,” it added.
