Developer, Capitol, DENR sued over land

CEBU, Philippines - The former chief of the Regional Security Unit of the Philippine National Police filed a civil case against Fifth Avenue Property Development Corporation, the provincial government and the regional director of the Department of Environment and Natural Resources 7 over a land dispute.

The complainant, Rico Palcuto, said he and his family were the actual occupants and possessors of a portion of government property lot 3-A-1-B located in Barangay Apas, Cebu City since 1976 when he was still active in the police service.

The property in question is the lot where the provincial government intends to develop the controversial Ciudad project, which was suspended by the Cebu City government.

Palcuto said he and his family have occupied not less than 1,800 square meters where his family’s house and business were located. He reportedly paid a partial payment of P250,000 for the property but in a letter dated February 4, 2005, the provincial government through its legal office, demanded that he and his family vacate the property.

“Without any valid factual support, the Province of Cebu caused to be judicially reconstituted Transfer Certificate of Title No. RT-5411 for Lot 930 on January 18, 1956 on the basis of technical description which is null and void as it violated Republic Act 26 known as an act providing a special procedure for the reconstitution of torrens certificates of title lost or destroyed,” Palcuto said.

On November 20, 2006, he reportedly wrote a letter to Roy Salubre, the provincial treasurer to answer the February 4, 2005 letter but Fifth Avenue still allegedly intruded into their property and threatened to expel them and his family from the land.

Just this month, Palcuto alleged yet again that the defendants had demanded for him and his family to vacate the property.

He then filed a case for declaration of nullity of certification of title, declaratory relief and injunction with temporary restraining order or preliminary injunction with damages. He asked the court to order the defendants to pay attorney’s fees of not less than P50,000 and litigation expenses of not less than P50,000.

He likewise asked the court to order defendants to process the sale of said property to them on the value of the land in 1960 pursuant to the provisions of “Friar Lands Act” in relation to Proclamation No. 394 of then President Ramon Magsaysay.  (FREEMAN)