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Ex-Rizal mayor, 2 others face imprisonment for unlawful demolition of shanties
20 February 2012

          The Office of the Ombudsman secured the conviction of former Rodriguez, Rizal Mayor Pedro Cuerpo and two others of graft charges for the unlawful demolition of shanties of about 93 families in 2003.

          In a 33-page Decision, the Second Division of the Sandiganbayan found Cuerpo, Municipal Engineer Fernando Roño and Brgy. Chairman Salvador Simbulan, all of Rodriguez, Rizal, guilty beyond reasonable doubt of Violation of Sec. 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act).

          They were slapped with the punishment of imprisonment ranging from six years and one month to nine years, one month and one day. They were also perpetually disqualified from holding public office.

          Records of the case showed that Samahang Magkakapitbisig (Samahan), composed of 93 families, used to occupy a parcel of land in Quezon City but were forced to vacate the same by virtue of a Writ of Demolition issued by a QC court. The property owner however gave them financial assistance in the amount of P2.25M which they used to purchase an 8,250 sq.m. property in Brgy. Burgos, Rodriguez, Rizal.

          The families then submitted individual sets of application for building permit with the Office of the Municipal Engineer but were rejected “because the Office wanted them to secure a development permit first”.

          Notwithstanding the lack of any issued building or development permit, the 93 families built their temporary shelters made of lumber and tarpaulin. “On that same day, accused Barangay Capt. Simbulan, upon the order of Mayor Cuerpo, arrived and asked for their development permit. When they told him that they had none, he informed that there would be a demolition that afternoon. Thus, at around 1:30 o’clock in the afternoon of the same day, a demolition team led by accused Capt. Evasco and consisting of SWAT and Police Officers arrived, bringing with them two (2) trucks, and dismantled plywood, and appliances.”

          In its ruling, the anti-graft court stated that the prosecution has proven the existence of all the essential elements of the offense.

          It noted that no sufficient notices were given to the families before their makeshift homes were demolished. It said, “Even Section 444(3)(vi) of the Local Government Code, which empowers the mayor to order the demolition or removal of illegally constructed houses, still provides that such demolition should be done within the prescribed period.” The court said the failure of the families to secure a development permit does not exempt the accused from observing the proper procedure in cases of demolition.

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