CEBU, Philippines - After losing its fight to recover a 1.9-hectare lot in Cebu City which is occupied by a national government agency, Capitol has filed a notice of appeal to the Regional Trial Court that the case may be heard in the RTC for review.
The case has been raffled to Regional Trial Court Branch 16 judge Sylva Paderanga, who also handles a lot of controversial cases.
Capitol lawyer Marino Martinquilla filed the said notice saying that the Capitol does not agree with the decision of Municipal Trial Court in Cities judge Edgemelo Rosales after the latter dismissed their case and declared that the Technical Education and Skills Development Authority still owned the lot.
Rosales of MTCC Branch 8 said TESDA has proven its right over the property by presenting a Transfer Certificate of Title.
“Valid and subsisting title still rests with the defendant and for that cause is entitled to the possession of the contested property,” Rosales said in his order last Nov. 9.
The judge invoked a Supreme Court ruling that “a title, once registered, cannot be defeated by adverse, open, and notorious possession”.
“The certificate of title issued is an absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein. It is binding and conclusive upon the whole world. All persons must take notice and no one can plead ignorance of the registration. The best proof of ownership of land is this certificate of title,” the SC said in its ruling in the case of Ricardo Abi-Abi versus Omariah Malawani in 2001.
He, however, dismissed TESDA’s counterclaims for damages.
The TESDA compound in IT Park is the site for training in technical and vocational skills.
It is also located along the busy road intersection of Salinas Drive in barangay Apas and Archbishop Reyes Ave. in barangay Banilad.
The administration of Gov. Gwen Garcia has pursued a policy to recover lots owned by the province in Cebu City for development as economic enterprises.
On Oct. 22, 2008, the Capitol lodged a civil suit for ejectment or unlawful detainer against TESDA, saying TESDA’s stay on the 1.9-hectare property “is greatly prejudicial” to the province’s interest.
The province said it wants to recover the land to use it “for other purposes beneficial to its constituents,” but gave no other details.
Named respondents in the complaint are the TESDA national office in Taguig, Metro Manila, and its regional office in Cebu City that occupies the contested lot known as Lot 915. — Jasmin R. Uy/BRP (FREEMAN NEWS)