Talisay files petition vs. Young's lot registration

Talisay City filed last Tuesday a petition asking the Department of Environment and Natural Resources to cancel the application of former Cebu City councilor Joy Augustus Young to register a lot in barangay Dumlog.

The city, through its legal officer Aurora Econg, filed a petition before the Regional Technical Director of DENR's Land Management Services asking for the cancellation of Young's application for the 8,721 square meter property.

Young, who reportedly has a house in the area, is seeking to register it under the Torrents Systems of Land Registration.

However, the petition said that Young was only a "beneficial user" to the property.

"Properties of public dominion have been described as those which under existing legislation, are not subject of private ownership and are reserved for public purposes," said Econg, quoting Republic vs. the Court of Appeals.

The petition explained that the lot as enumerated in the

Civil Code being public in nature is "incapable of private appropriation" only until there is a "formal declaration on the part of the government to withdraw its ownership."

On November 11, 2002, Judge Meinrado Paredes has denied Young's application for "lack of factual and legal basis." Then on June 4, 2004, then Mayor Eduardo Gullas filed a Miscellaneous Sales Application for the lot for public use.

According to the petition, the city, whose intention for the property is for public use, "has preferential right over private individual applicants whose purpose is only for their personal gain."

"Seashore, or portions of the territorial waters and beaches cannot be registered as they are part of public domain and therefore not open to acquisition by adverse possession of private persons," it stated.

The lot is located at a beach in barangay Dumlog. - Liv G. Campo