Ninety-three-year-old Amador Dupaya is left homeless after his house got demolished in enforcing a court order.
According to Mr. Dupaya, who lives along Gabo St. in Bgy. San Miguel, he settled in the area in 1985, 10 years before the Tan Kiao Homeowners’ Association was established, and the demolition stemmed from his and the homeowners’ association alleged misunderstanding over the land the house was built on.
“Ang sitwasyon kasi nitong bahay namin, 1985 pa [lang], nandito na kami, wala pa ‘yung asosasyon. after 10 years, nagkaroon ng asosasyon. Inimbitahan nila kami maging miyembro dahil ang pangako nila, kukuha sila (Tan Kiao HOA) ng titulo para sa amin. So pumayag kami. Noong nakapasok na kami, marami na silang mga dine-demand sa amin. Maningil daw sila ng bayarin, ng monthly dues. Nagbayad naman ako ng monthly dues, 24,000 [pesos] ang nabigay ko sa loob ng limang taong panunungkulan nila. ‘Yung unang presidente nila, si Bayani Ferra, ‘yun ang inabutan ko ng [P24,000]. Tapos lumayas, nagpalit sa kanya ‘yung [Nestor] Javarez. ‘Yung Javarez, pumunta sa amin dito, sabi niya, “Kami na ‘yung bagong pamunuan. Magbayad kayo sa amin,” sabi niya. Sabi ko, “ilipat lang ninyo ‘yung pera ko d’yan na P24,000,” ganun lang. “Ay, hindi na raw pwede, panibago raw.” Ay sino ba naman ang mag-kuwan [bayad] ng panibago, nagbayad man kami. So, ganu’n ang nangyari. Nung natuklasan ko na ‘yung asosasyon ay hindi pala legal. Nakakuha ako ng kuwan [certificate] sa Register of Deeds, tinatanggi ng Register of Deeds na mayroon silang titulo. Kaya [indistinct] sanay sila na pinapaniwala ang mga tao dito. Ako lang ang lumaban. Hindi pwede na basta magbabayad ako na walang kabuluhan. So nagkuha ako ng mga kuwan, ng [certificate sa] Register of Deeds, na nagpapatunay na wala silang karapatan dito.”
(What happened is, we settled here in 1985. 10 years before the association was formed. When Tan Kiao Homeowners’ Association (HOA) began, we were invited to join because we were promised that they would apply a title for our lot. But they had demands, like monthly dues. I paid a total of P24,000 in the five years that the HOA operated. Their first president was Bayani Ferra, I paid him that P24,000. Then he left, and a certain [Nestor] Javarez took his place. He came to us, demanding payment. I just told him to get the P24,000 I paid them already, to which he said that it wasn’t possible, and that I should pay again. Who in their right mind would pay again if you paid already? When I tracked them down, I discovered that they lacked documentation, making them illegal. When I went to the Register of Deeds, they denied that they have a record of a title for my lot. That means they’ve gotten used to tricking people around here. I’m the only one to fight back against them. I’m not going to pay for nothing. So I got the necessary documents proving that they have no right on our lot.)
In a copy of the writ of demolition dated January 23, 2020, issued by the RTC Branch 2 in Puerto Princesa, Judge Rohima R. Sarra ruled in favor of Tan Kiao HOA, ordering Mr. Dupaya and his family to vacate their house.
Mr. Dupaya said he has already sought help from Bgy. San Miguel chairman Russell Gloriani, but he said all they could offer was temporary shelter in one of their new buildings.
“Nag usap kami ngayon, pansamantala daw doon ako sa ginagawang building nila. 1 week lang. Pero papaano ‘yung gamit ko?”
(I already talked to him [Bgy. Captain Russell Gloriani], and he said I could stay in one of their new buildings currently under construction, albeit for only a week. But how can I gather my belongings?)
Some of the boarders in Mr. Dupaya’s house also decried the sudden demolition, claiming that they were not given enough time to gather their belongings before the house was demolished.
Ngayon, nakiusap ako na kunin ko muna ‘yung mga gamit namin, ilabas para…kahit tatlong oras lang man din. Ngayon, sabi ko, muntik pa ‘kong matamaan kanina ng ano dito, umiwas lang po ako kasi ‘yung tangke ang inuna ko, kasi ‘yung tangke ko [baka magkasunog]…’yung inaanuhan ko lang po, idemolish ‘yan, tatlong oras lang ang kailangan ko. Tingnan mo, nailabas ko ‘yung gamit ko, ni hindi pa nga ‘ko nakakapagbihis nu’n, kaya nga sabi ko, hindi naman makatarungan na ganituhin, gibain na nila kung mailabas na lahat ng gamit,” said Gemma, a boarder in Mr. Dupaya’s house.
(I asked for three hours to get my stuff out. I almost got hit by debris as they [the demolition team] worked, while I was hurrying to get my gas tank out of the house. I just needed three hours. I got out what I could wearing only pyjamas. It’s not fair for us to just demolish the house right away before we could get all our stuff out.)
The sheriff, Wyn Ryan Agnas, and Tan Kiao HOA President Nestor Javarez both declined to comment, but the association’s vice president Antonio, who withheld his last name, said that the association had been reminding Mr. Dupaya to vacate the property for years already.
“Actually po, nu’ng nagbigay ang sheriff ng palugit para ilabas ‘yung mga gamit nila, ma-safety (sic) ‘yung mga gamit nila, ‘yung mga boarders, hindi siguro sila sinabihan ng may-ari. Kanina, pumunta kami rito, kinausap ‘yung may-ari, ‘bibigyan ho namin kayo ng time para ilabas ho ‘yung gamit [niyo] na importante,’ lumalaban ‘yung may-ari, hindi daw talaga sila aalis. Kaya nung ginigiba, saka sila nag-aksyon na maglabas ng gamit. Matagal na ho, tatlong taon na halos po nagmamatigas ‘yung may-ari, simula nung lumabas ‘yung court order na pinapaalis na siya. Hanggang sa nag issue ang court ng writ of demolition sa sheriff, para ipa-force demolish na talaga. So makatarungan naman po ang ginagawa na pag-demolish sa kanya [bahay], hindi naman po sinabi na ‘hindi alam, biglaan.’ Proseso din po ang ginawa,” he said.
(Actually, when the sheriff gave time to take their things out, the boarders weren’t probably advised by the owner. We went here earlier to talk with the owner, to give him time to secure their things, but he flatly refused and stood his ground. They only sprung to action when the demolition started. He has been holding out for almost three years already since the court issued an eviction notice, until it issued a writ of demolition to forcefully demolish the house. That’s why it’s fair. It’s not a sudden demolition. It went through a process.)
Meanwhile, the future remains bleak for Mr. Dupaya. He fought for his right to the lot, going as far as taking the matter to the City Housing Department, and even a letter to President Rodrigo Duterte, but his pleas remain to be heard.
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