Economic rights of the urban poor violated as politicians favor private interests – Karapatan

“The mass arrest of 58
individuals, 17 of them minors and 8 are elderly, is a testament to how the
urban poor are easily dismissed in favor of private individuals and businesses.
We call on the attention of Quezon City Mayor Herbert Bautista for such hypocrisy
in his own backyard when he is among the designated panel advisers in the peace
talks between the GRP and the NDFP,” said Karapatan deputy secretary general Jigs
Clamor on the arrest of 58 urban poor residents in Apollo, Tandang Sora, QC, on
April 3, 2017.

“The mass arrest of 58
individuals, 17 of them minors and 8 are elderly, is a testament to how the
urban poor are easily dismissed in favor of private individuals and businesses.
We call on the attention of Quezon City Mayor Herbert Bautista for such hypocrisy
in his own backyard when he is among the designated panel advisers in the peace
talks between the GRP and the NDFP,” said Karapatan deputy secretary general Jigs
Clamor on the arrest of 58 urban poor residents in Apollo, Tandang Sora, QC, on
April 3, 2017.

Clamor added that “it is
nothing short of ironic for Mayor Bautista to be advising the panel on issues
such as socio-economic reforms when he himself has blatantly used the law and
the resources of his office to favor private interests, failing to address the
concern of his urban poor constituents who are in need of decent and adequate
housing.”

The disputed 3,000-square
meter area along Apollo Street in Brgy. Tandang Sora, Quezon City was the home
of at least 146 urban poor households before they were violently demolished on
June 16, 2016, just a few days before BS Aquino III stepped down as President.
The residents faced two legal complaints by a certain Reynaldo Guiyab, one in
1999 and another in 2001. Guiyab’s claim was based on a Transfer of Certificate
of Title (TCT) which was already deemed cancelled in October 1995. Given this,
both cases filed by Guiyab were dismissed by the Metropolitan Trial Court Branch
in 2000 and the Department of Justice in 2010, respectively.

The Apollo Neighborhood
Association alleged that Guiyab then sought the help of the Quezon City local
government. The QC City Hall then declared the Apollo community as a fire
hazard to justify its demolition, despite the fact that there have been no
reports of fire in the area for more than 30 years. A week after the June 16
demolition, Reynaldo Guiyab was able to acquire a barangay permit for fencing
the lot. The families demolished were forced to build make-shift houses on the
adjacent pavement.

“Some of the residents have
been living in the area for more than 30 years when they were unjustly and
violently demolished. They have a claim to the land and there are legal
decisions affirming their claim to it. However, the powerful and the rich just
need to call and collaborate with those in government and suddenly, the poor
and their interests are bypassed. This is a clear case of how the rich and
powerful can circumvent the law for their convenience, in cahoots with
politicians,” said Clamor.

On April 2, 2017, 46
families returned to the lot after 10 months, in an attempt to reclaim the
area. On April 3, around 4pm, elements of the SWAT and PNP, headed by QCPD
station commander Col. Danilo Mendoza, arrived at Apollo street and started
arresting the residents. Col. Mendoza announced that they acted on a complaint
filed by Reynaldo Guiyab’s wife. No warrant of arrest was shown to the
residents.

“It is most just for the
urban poor to seek refuge in their collective action, especially when their
rights are ignored and violated. This is increasingly so because legal
processes tend to favor the affluent, the influential, and the powerful. The mass
arrest is a reflection of the fascist character of the State, becoming more
obvious when there is a need to protect privatization plans and other business
ventures. Indeed, in this neoliberal setting, the poor does not win but are
continuously pushed to the edge. The State should then expect resistance,
because they give the poor no choice,” concluded Clamor.