CEBU, Philippines - Close to 200 households on a 1.3-hectare property in Barangay Tabok, Mandaue City are facing possible eviction after a Chinese recently surfaced and claimed ownership of the property that they have been occupying for almost 20 years now.
The residents questioned Maria Paz Lim’s claim of the property since they believe it to be owned by the government. But Lim presented documents to prove her claim.
Lim said she is the designated executor and sole heir of the property by virtue of an order from the court. Regional Trial Court Judge Sylva Aguirre-Paderanga on November 20, 2007 issued an order in favor of Lim after a probate proceeding on the last will and testament of her late husband, Henry Ngo Lim.
In his last will and testament, Henry declared five properties constituting his entire state. The residents questioned how Lim was able to claim the property in Mandaue City when all of the properties mentioned in the last will and testament are located in Barangay San Roque, Cebu City.
However, lawyer Salvador Solima, Lim’s counsel, said that properties not specifically mentioned fall under the clause, “and also all other properties, real and personal, whatsoever and wheresoever located,” of the last will and testament of Henry.
Lim and Solima met the residents and offered to sell the lots to occupants at P2,500 per square meter. Ten percent of the total cost shall be paid as down payment and the remaining balance shall be payable in four years.
But shortly before the June 30, 2011 deadline, Lim changed her mind and offered to sell the property at a lower price of P2,000 per square meter provided that it will be paid within six months.
Some residents have already made initial payments to Lim after signing a contract to sell. However, majority of the residents are hesitant following their discovery that the property’s Transfer Certificate of Title is not under Lim’s name but that of Antonio Lim Tanhu who was married to Dy Ochay, a resident of Tipolo, Mandaue City.
Another document shows that the property belongs to the Philippine Railway Co, a government entity.
Lim claimed to be Tanhu’s daughter-in-law but she could not show proof that the latter was her husband’s father. Her marriage contract shows that her husband’s parents were Jacinto Ormoc Lim and Che Ye Ngo Lim.
On July 20, 2009, RTC Branch 8 Judge Macaundas Hadjirasul ordered for the annotation of the lot upon the motion of Tanhu’s administrator, Lim Teck Chuan, claiming that the property’s title was lost. — (FREEMAN)