DINALUPIHAN, Bataan- A couple who has been residing for 17 years in a former swampland in here appealed to two sheriffs of Caloocan City to hold the writ of demolition until the regional trial court in the province decides on the motion for reconsideration they filed.
Danilo Cordova and wife Gloria asked Sheriffs Eric Bacho and Noel Ong of Branch 50 and 49, respectively, of the Municipal Trial Court of Caloocan City to wait for the final judgement of Dinalupihan RTC Executive Judge Jose Ener Fernando before executing the demolition order.
The two sheriffs issued a sheriff’s notice of demolition on February 1, 2013 based on the writ of demolition granted on December 4, 2012 by Presiding Judge Franco Paulo Arago of the First Municipal Circuit Trial Court of Dinalupihan-Hermosa.
The order required Cordova to remove, demolish and vacate voluntarily the 1.4-hectare of land or the sheriffs will institute the proper demolition proceedings. The land in question is located near the Dinalupihan public market at the portion of Barangay Bonifacio.
On April 18, 2013, Cordova secured a writ of preliminary injunction from Judge Fernando regarding a cease and desist order on the implementation of the writ of demolition. The temporary restraining order was, however, lifted by Fernando on May 14, 2013.
Cordova filed a motion for reconsideration, the decision of which is still pending.
Cordova said that he began developing the former swampland since 1997 but the heirs of Leonardo David represented by Jesus David filed an ejectment case against him.
He said the David family was claiming a land under Lot 774 located in Barangay General Luna in Dinalupihan but the land he is occupying is under lots P, Q and S in Barangay Bonifacio.
Cordova said the land was titled to him last March 2007 after approval in 2005 of his certificate of land ownership award by the Department of Agrarian Reform.
He constructed a building occupied and rented by 18 stallholders engaged in various enterprises, some since 2004.
Oscar Pidelo, owner of Channel Master engaged in television repair, said the sheriffs on two occasions in the past entered his store and told him to vacate the place. “Lumayas na kayo kundi kukumpiskahin namin gamit ninyo,” he quoted the sheriffs as telling him.
He considered it as a form of harassment. “Dapat ang may-ari ang sabihan nila at hindi kaming tenant lamang,” Pidelo said.
Gemini Palen, a beauty parlor attendant, said the entry in their establishment of the sheriffs with some police officers brought fear not only to them but also to their customers.
