CEBU, Philippines – Occupants of the Department of Agriculture compound yesterday presented an old document from the Bureau of Archives showing that the property belongs to the national government and not to the province of Cebu.
Lawyer Benjamin Militar, counsel for the DA compound residents, yesterday presented former DA legal officer Katherine Pioquinto before the court to testify on the document from the national archive.
The document, which was certified true copy by the Bureau of Archives, dated August 26, 1968 shows that the DA property is titled to the Republic of the Philippines and not to the Cebu Province.
Provincial Attorney Marino Martinquilla immediately questioned the presentation of the document saying it was not the original copy.
“That is not an original certified land title copy, it is a Xerox copy of another Xerox copy,” Martinquilla said.
But, Pioquinto insisted that the document was an original certified copy of the title, saying that no less than the National Archives certified for it. Martinquilla questioned Pioquinto’s expertise to identify a certified copy from the original document saying that the latter is just a lawyer and not a document expert.
Regional Trial Court Judge Douglas Marigomen has given both parties three days to submit their respective position paper as the temporary restraining order he earlier issued against the provincial government will already expire on Wednesday.
Residents of the DA compound, assisted by the Cebu city government, earlier filed a petition for injunction with prayer for a TRO against the provincial government after they were ordered to vacate the property along M. Velez St.
The Capitol wanted to recover the property occupied by DA-7 citing the enactment of the Local Government Code of 1991 or Republic Act 7160, which devolved the functions of national agencies to local governments and alleged expiration of the usufruct contract that limits the term of use to only 50 years. (FREEMAN)