Dear friends,
Task Force Detainees of the Philippines (TFDP) writes to inform you about an alleged illegal demolition in Freedom Park and Warwick Barracks, Carbon Public Market, Barangay Ermita, Cebu City, Philippines on July 19 to 24, 2022 as part of the Carbon Public Market Privatization/Modernization project led by the Cebu City Local Government Unit (Cebu LGU), in partnership with Megawide Construction Corporation. The alleged illegal demolition affected 700 stallholders/vendors/space occupants in Freedom Park and Warwick Barracks.
CASE DETAILS:
On July 19-24, 2022, over 700 stalls in Freedom Park and Warwick Barracks, Carbon Public Market, Barangay Ermita, Cebu City were allegedly demolished illegally by the Market Operations Division (MOD), with the aid of Cebu Environment Sanitation and Enforcement Team (CESET), Cebu City Prevention, Restoration, Beautification and Enhancement (PROBE) team, and the Cebu City Disaster Risk Reduction and Management Office (CCDRRMO). The alleged illegal demolition is part of the Carbon Public Market Privatization project led by the Cebu City Local Government Unit (Cebu LGU), in partnership with Megawide Construction Corporation. The project aims to privatize the biggest and arguably, the oldest public market in the entire island of Cebu. Cebu City LGU pursued the implementation of the project amid strong opposition from the market vendors and other cause-oriented groups.
According to Antonio Remedio, Freedom Park Traders Association president, he received a Notice to Transfer (NoT) directing them to clear their market stalls/spaces with their belongings and voluntarily vacate and transfer to the Interim Market Situated at Unit 2, Carbon Market on or before July 18. Remedio added that the notice was signed by the City Market Administrator. Furthermore, Remedio added that they did not acknowledge the notice as they find no legal authority for the market administrator to direct the market stallholders, vendors, and space occupants to vacate or transfer from their current market area.
According to Remedio, the market gates were allegedly closed and locked by the MOD in the evening of July 18 without informing the vendors. In the morning of July 19, the vendors were shocked to find that the gates were locked and they were no longer allowed to enter and open their stalls. Redemio added that although some vendors were permitted to enter, the access was only limited to the front gate.
According to Remedio, at around 7:00 A.M., a platoon of Philippine National Police (PNP), Riot Police and Special Weapons and Tactics (SWAT) Team arrived and formed a barricade around the perimeter of Freedom Park. Remedio said that a few moments after the police formed the barricade, personnel from MOD, CESET, PROBE and CCMDRRMO armed with hammers, crow bars, and chainsaws entered Freedom Park and started demolishing their stalls. They were then ordered to gather their products and belongings, and to vacate the area immediately.
According to Remedio, their pleadings were no use during the demolition as the department heads and personnel turned a blind eye to their appeals. Remedio said that they were left in tears as they watched the demolition team destroy their stalls. They were uncertain what would become of their livelihood.
According to Remedio, some vendors had no choice but to transfer to the interim market. Some vendors, like himself and his members, refused and settled in a private site that was near the freedom park. Remedio said that his products were transported to the interim market without his approval.
According to Remedio, there is an ongoing court mediation between the representatives of the stallholders, vendors and space occupants, and the Cebu City Government. Remedio said that proposals have been made, and there are ongoing talks with the aim of arriving at the most reasonable and least prejudicial agreement for both parties. Remedio added that the alleged illegal demolition would only hamper the mediation between parties.
REQUESTED ACTION:
PLEASE SEND LETTERS TO THE CONCERNED GOVERNMENT AGENCIES TO CONDUCT AN IMMEDIATE, THOROUGH AND IMPARTIAL REVIEW INTO THE PROCESS AND SIGNING OF THE JOINT VENTURE AGREEMENT (JVA) AND THE SUPPLEMENTAL MEMORANDUM OF AGREEMENT (SUPPLEMENTAL MOA) TO THE JVA OF THE CARBON PUBLIC MARKET PRIVATIZATION/MODERNIZATION PROJECT; TO HEAR THE CALLS OF THE STALLHOLDERS/VENDORS/SPACE OCCUPANTS TO NULLIFY THE CARBON PUBLIC MARKET PRIVATIZATION/MODERNIZATION PROJECT AS IT LACKS DUE DILIGENCE IN ITS PROCESSES, ESPECIALLY ON PUBLIC CONSULTATION; FOR THE CEBU CITY LOCAL GOVERNMENT TO PROVIDE A SAFE, SECURE AND CONDUCIVE TEMPORARY MARKET SITE FOR THE AFFECTED STALLHOLDERS/VENDORS/SPACE OCCUPANTS TO ENSURE THAT THEY WOULD HAVE A SOURCE OF LIVELIHOOD; AND TO PREVENT FURTHER VIOLATIONS AGAINST THE STALLHOLDERS/VENDORS/SPACE OCCUPANTS OF CARBON PUBLIC MARKET.
Alvin N. Formentera
Task Force Detainees of the Philippines
SAMPLE LETTER:
Dear ________,
Greetings.
This is to express my grave concern regarding the information I have received that on July 19-24, 2022, over 700 stalls in Freedom Park and Warwick Barracks, Carbon Public Market, Barangay Ermita, Cebu City were allegedly demolished illegally by the Market Operations Division (MOD), with the aid of Cebu Environment Sanitation and Enforcement Team (CESET), Cebu City Prevention, Restoration, Beautification and Enhancement (PROBE) team, and the Cebu City Disaster Risk Reduction and Management Office (CCDRRMO). The alleged illegal demolition is part of the Carbon Public Market Privatization project led by the Cebu City Local Government Unit (Cebu LGU), in partnership with Megawide Construction Corporation. The project aims to privatize the biggest and arguably, the oldest public market in the entire island of Cebu. Cebu City LGU pursued the implementation of the project amid strong opposition from the market vendors and other cause-oriented groups.
I have learned that Antonio Remedio, Freedom Park Traders Association president, received a Notice to Transfer (NoT) directing them to clear their market stalls/spaces with their belongings and voluntarily vacate and transfer to the Interim Market Situated at Unit 2, Carbon Market on or before July 18. Remedio added that the notice was signed by the City Market Administrator. Furthermore, Remedio added that they did not acknowledge the notice as they find no legal authority for the market administrator to direct the market stallholders, vendors, and space occupants to vacate or transfer from their current market area.
According to Remedio, the market gates were allegedly closed and locked by the MOD in the evening of July 18 without informing the vendors. In the morning of July 19, the vendors were shocked to find that the gates were locked and they were no longer allowed to enter and open their stalls. Redemio added that although some vendors were permitted to enter, access was only limited to the front gate.
According to Remedio, at around 7:00 A.M., a platoon of Philippine National Police (PNP), Riot Police and Special Weapons and Tactics (SWAT) Team arrived and formed a barricade around the perimeter of Freedom Park. Remedio said that a few moments after the police formed the barricade, personnel from MOD, CESET, PROBE and CCMDRRMO armed with hammers, crow bars, and chainsaws entered Freedom Park and started demolishing their stalls. They were then ordered to gather their products and belongings, and to vacate the area immediately.
According to Remedio, their pleadings were no use during the demolition as the department heads and personnel turned a blind eye to their appeals. Remedio said that they were left in tears as they watched the demolition team destroy their stalls. They were uncertain what would become of their livelihood.
According to Remedio, some vendors had no choice but to transfer to the interim market. Some vendors, like himself and his members, refused and settled in a private site that was near the freedom park. Remedio said that his products were transported to the interim market without his approval.
According to Remedio, there is an ongoing court mediation between the representatives of the stallholders, vendors and space occupants, and the Cebu City Government. Remedio said that proposals have been made, and there are ongoing talks with the aim of arriving at the most reasonable and least prejudicial agreement for both parties. Remedio added that the alleged illegal demolition would only hamper the mediation between parties.
I am writing to ask for urgent action:
1. To conduct an immediate, thorough, and impartial review into the process and signing of the Joint Venture Agreement (JVA) and the Supplemental Memorandum of Agreement (supplemental MOA) to the JVA of the Carbon Public Market Privatization/Modernization Project;
2. To hear the calls of the stallholders/vendors/space occupants to nullify the Carbon Public Market Privatization/Modernization Project, as it lacks due diligence in its processes, especially on public consultation;
3. For the Cebu City Local Government to provide a safe, secure and conducive temporary market site for the affected stallholders/vendors/space occupants to ensure that they would have a source of livelihood; and
4. To prevent further violations against the stallholders/vendors/space occupants of Carbon Public Market.
Thank you.
Respectfully yours,
_______________________
PLEASE SEND LETTERS TO:
1. His Excellency Ferdinand Romualdez Marcos Jr.
President, Republic of the Philippines
New Executive Building, Malacanang Palace Compound
JP Laurel Street, San Miguel, Manila
1005 Philippines
Tel: +632 87368645; +632 87368603; +632-87368606; +632-87368629; +632-87368621
Telefax: +632 87368621
E-mail: [email protected]
2. Hon. Jesus Crispin C. Remulla
Secretary, Department of Justice (DOJ)
Padre Faura Street, Ermita, Manila
1000 Philippines
Tel: +632 85218348
Telefax: +632 85262618
Trunkline: +632 85238481 loc 217
Email: [email protected], [email protected]
3. Hon. Benjamin C. Abalos, Jr.
Secretary, Department of Interior and Local Government (DILG)
DILG-NAPOLCOM Center
EDSA corner Quezon Avenue, Quezon City
Tel: +632 8928-6713; +632 8925-0382
Trunkline: +632 88763454 loc 1001
Email: [email protected]
4. Atty. Jacqueline Ann de Guia
Executive Director, Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
Philippines
Tel: +632 89285655; +632 89266188;(02) 8928-7240;
(02) 8927-5790
Telefax: +632 89290102
Email: [email protected]
5. Lt. Gen Bartolome Vicente Bacarro, PA
Chief of Staff, Armed Forces of the Philippines
FP Cruz Avenue corner Crame Avenue,
Camp General Emilio Aguinaldo
Quezon City, Philippines 1110
Tel: +632 89116001 local 6700
Email: [email protected]
6. Police Lieutenant General Rodolfo Azurin Jr.
Chief, Philippine National Police
National Headquarters, Camp Crame, Quezon City
Tel: +632 87230401 local 6000; +632 87264361; +63 998 8698888
Email: [email protected]; [email protected]
