At least 1,200 families in barangay Apas, Cebu City are not giving up their homes without a fight.

They plan to go to court to seek nullification of parts of a Memorandum of Agreement (MOA) signed on Monday for the transfer of military facilities in Camp Lapu-Lapu that that may lead to their eviction.

Lawyer Ben Militar clarified that their move to seek court relief should not be taken as waging a war against the Province of Cebu.

He said they only want the court to look into some MOA provisions that may run counter to the Urban Development and Housing Act (UDHA) of 1992, which allows affected settlers to acquire the lots they occupy.

Militar, legal officer of Alliance of Barangay Apas Community Association (Abaca), said they could not file an injunction case since the province had not made the move to actually evict.

Aside from the court case, the Apas residents will continue to protest moves to take them out of their homes.

Aside from the signature campaign sent to the Office of the National Defense, green ribbons will be hung outside the houses and in the streets starting Friday to oppose the transfer, said Apas barangay captain Ramil Ayuman.

Streamers opposing the transfer will be hanged outside the barangay hall, th Apas National High School and the Apas Elementary School ?which were also among the structures to be affected once the province recovers the 80 hectares donated to the Armed Forces Central Command (Centcom).

Defense Secretary Gilbert Teodoro and Gov. Gwendolyn Garcia on Monday signed the MOA for the return of military-occupied property to the provincial government, which donated 80 hectares of land exactly 50 years ago.

The agreement approves the start of the eventual transfer of all military facilities to Lapu-Lapu City and Tuburan town, with buildings to be reconstructed by the provincial government, which intends to use the prime land in Apas for economic enterprises.

It will also affect 1,200 families residing in and around Camp Lapu-Lapu. Of the 80.7 hectares, only 21 hectares are actually occupied by AFP Central Command facilities. The rest is occupied by urban poor settlers as well as soldiers and their families.

But the Capitol consultant on promotions, public and private linkages and business development said the governor has promised to set aside 10 hectares of the 80.7-hectare property as relocation site for the 1,200 urban poor settlers.

The residents would most likely spend for rebuilding their homes since Garcia's commitment was only ?to provide the lot and the subdivision plan,? said lawyer Manolette Dinsay.

The residents, however, asked that the relocation site be increased to 20 hectares since it is located on a slope and can?t accommodate all settlers.

Dinsay said the Capitol has plans for the Apas lots and could afford to set aside 10 hectares for a relocation site. He, however, couldn?t give details.

Apas barangay captain Ramil Ayuman said the Capitol had proposed to combine sitios Plaza and Panabang with a total of 10 hectares in land area, as relocation site.

But the area will also house the barangay hall and the schools. This would mean a household would occupy 60 square meters.

The Apas Barangay Council passed a resolution asking the provincial government and other government entities to fully implement the UDHA to protect 1,200 households in the barangay.

A copy will be sent to the Cebu City Council and used in the court case.

On Oct. 12, 1959, the Cebu provincial government donated 80 hectares for a military reservation. Capitol officials said only a portion was developed for that purpose and the remaining 21 hectares are occupied by urban poor families, including families of the soldiers.

Because the urban poor families have been living in the area for more than five years, President Gloria Macapagal-Arroyo proclaimed the lot as a socialized housing site on June 23, 2003 based on the UDHA law that allows them to own the lots as long as they have not been developed for more than five years.

This was then referred to as Presidential Proclamation 409.

Some Abaca officials also met with acting Mayor Michael Rama and City Legal Officer Joseph Bernaldez to seek advice on their legal moves to stop any eviction.

City Administrator Bimbo Fernandez said they promised to help the beneficiaries and study legal options to protect the residents.

Fernandez also said they will try to inform President Gloria Arroyo about the matter.

He said that three months ago when Arroyo was in Cebu and visited Mayor Tomas Osmeña, the mayor ask her to retain Apas and not allow the province to take it away. Fernandez said the president gave a positive response at that time.

Abaca president Ma. Linda Paracuelles said that while the MOA doesn?t mention their eviction, Governor Garcia had told her in their meetings to consider moving to another part of barangay Apas.

?She was very cordial to me and asked me if it was okay we would stay there since the roads were bad and the area was flood-prone. She said 'Just be open minded',? Paracuelles said.

The governor also showed the beneficiaries a site in Minglanilla town, which she said would be similar to their relocation site.

?Ang objection niya kay paibogon mi ato nga development pero premature paman kaayo nga gidala mi adto kay wala pa mahuman. Dili pa klaro ang mga karsada. It was really premature to bring us there,? Paracuelles said.

Capitol consultant Dinsay confirmed that the province had been talking with Abaca members led by Paracuelles in the last two years.

A week before the MOA signing with Defense Secretary Gilbert Teodoro, Garcia met with Paracuelles and Housing and Urban Development Coordinating Council (HUDCC) officials at the governor's office to discuss the offer for relocation.

?That's why I?m surprised about what?s happening now because everything was ok after our meeting with Abaca officials,? said Dinsay.

Dinsay said that in the same meeting, HUDCC officials asked Garcia if the Capitol would compensate the affected families for the houses and structures to be removed during the transfer.

?But the governor is not saying anything yet,? he told CDN.

Dinsay said that for now, Garcia's commitment was only for the relocation of families duly registered with HUDCC. Negotiations will continue.

Dinsay said the Capitol also offered to relocate Abaca members to a province lot in Minglanilla town which is now used as Gawad Kalinga housing site.

Garcia, Dinsay said, they invited Abaca officials to visit the Minganilla lot and see if they would prefer to stay there.

?If they choose to stay in the Apas relocation site, accessibility is one of the things that the governor will have to address? he said.

Dinsay said that like the transfer of Centcom facilities, the relocation of urban poor families would not happen overnight.

The MOA ensures the Department of National Defense-Armed Forces of the Philippines would ?continue the use and possession of the donated lots until completion of the relocation and replication of Centcom headquarters buildings/structures and facilities?.

?There is no actual timeline for the transfer. Everything would depend on how fast we could replicate the affected structures,? said Dinsay.