CEBU, Philippines - The Regional Trial Court has warned the Cebu City government that it would garnish P20.6 million from the city’s depository banks if City Hall would continue to ignore the demand for payment of its remaining balance for just compensation for the property of Rev. Fr. Vicente Rallos in barangay Sambag 1 that the city had used as public road.
Sheriff Antonio Bellones of RTC Branch 9 has sent a final demand letter for the immediate payment of P20,622,407 to Rallo’s heirs. The city received the letter last April 3, 2009.
Bellones said the city may choose any of its patrimonial properties or part that it may prefer to be levied upon to fulfill its obligation to the Rallos heirs, otherwise the court may be compelled to implement the existing writ through garnishment of the city’s patrimonial funds.
The Supreme Court earlier ruled that the city must pay the Rallos heirs of just compensation for using the 4,654 square-meter property, plus 12 percent interest for not paying the amount promptly.
With the ruling, acting city attorney Rodolfo Golez said earlier the only question now is the exact amount to be paid.
Court records show that a total of P34,905,000 has already been garnished from the city’s depository banks upon the order of the court sometime in 2001 and was turned over to the heirs of Rallos, despite the appeal of the city still pending.
City officials have protested the court order of just compensation of P7,500 per square meter but after a series of court proceedings, the amount was even increased to P9,500 per square meter.
The city then sought refuge with the Supreme Court in the hope to reverse the RTC ruling, but the high tribunal upheld the decision of the lower court. — Rene U. Borromeo/JMO (THE FREEMAN)