Couple sues DPWH, MCDP for 'unauthorized' use of lot

CEBU, Philippines - A couple filed a complaint at the Regional Trial Court against the Department of Public Works and Highways and the Metro Cebu Development Project for allegedly using their property for public use without just compensation.

In a nine-page complaint filed by Alfero and Marita Bagano of Talisay City, they alleged that the two offices took possession of their lot and immediately used the same for public purpose without just compensation.

DPWH is the expropriation arm of the government that has the authority to condemn and expropriate private properties for public use upon payment of just compensation while MCDP is the implementing agency of the South Reclamation Project.

The couple complained that this is in violation of the Republic Act 8974 and of the Constitution that stresses on the prohibition of taking private property without just compensation.

Papers from the Register of Deeds of the Province of Cebu and tax declaration were presented by the plaintiffs to prove that they are the registered owners of the property which is said to have been used by the defendants as part of the SRP.

The Baganos stated in their complaint that in 2008, the defendants did not bother to include their property in the expropriation proceeding and that they have consistently followed up their concern but to no avail.

The couple also presented a letter coming from the office of DPWH stating that their property is included in the project and will be condemned for public use.

With this, the Baganos said that they did not have any other choice, but to file a formal complaint to resolve the issue by either returning the lots of the plaintiffs or through alternatives which is to pay the Baganos just compensation based on the market value of the lot when it was taken which is estimated at P1,500 per square meter or P222,000.

Since the lots were alleged to be condemned for public use since 1998 and yet the plaintiffs were not given any amount as payment, they demanded that payment for the legal interest of the lots since 1998 should be paid in full as well as moral and exemplary damages and other expenses.

The respondents will be made to file their official answer to the complaint in court. — AJ de la Torre/NLQ (THE FREEMAN)