CEBU, Philippines - Because of the absence of bidders, the public auction of some lots at the South Road Properties was postponed.
Sheriff Eugenio Fuentes moved the public auction to April 17, 2012.
Fuentes told the media that from 10 a.m. to 2 p.m. yesterday no one went to their office showing interest to bid.
Likewise, he said Maurelio Rallos, the attorney-in-fact of the heirs of Rev. Fr. Vicente Rallos submitted a letter for postponement of the said auction so they can prepare documents.
Earlier, Maurelio expressed his interest to bid.
Fuentes said everybody is welcome to bid, even the Ralloses. He added whoever will be the highest bidder will be issued a certificate of sale to be presented before the Register of Deeds.
However, he explained after the registration of the certificate of sale before the Register of Deeds the defendant or the owner of the said property has one year to redeem it paying the amount paid by the winning bidder.
He furthered, the winning bidder cannot build structures in a span of one year because under the law the owner has one year to redeem.
However, Fuentes said if the owner fails to redeem the said property before the Register of Deeds the sheriff will issue a final deed of sale and transfer the said property under the name of the winning bidder.
Earlier, Fuentes advised prospective bidders to “examine and verify for themselves the encumbrances of the realty, if there be any other than the levy on execution made to satisfy the money judgment stipulated in the said amended writ of execution issued in the instant case.”
Fuentes said if the judgment debt will be satisfied there will be no garnishment to be made or vice-versa.
Meanwhile, a certain Marian Rallos, who claimed to be the heir of Don Florentino Rallos --the ancestor of all Ralloses-- said Maurelio was not among the heirs of Rev. Fr. Vicente Rallos.
She said they will manifest their opposition to the public auction not just to help the city government but also to maintain that Maurelio is not among the original heirs.
Marian added in fact, the questioned property in Barangay Sambag 1 was even donated by their ancestors to Cebu City.
The court ordered the auction to cover the P133 million judgment debt. The P133 million was for the compensation of Rallos property located in Sambag 1 used by the government as public road.
Meanwhile, Mayor Michael Rama said he is not worried even if the court will auction the lots at the SRP that the city previously sold to the Filinvest Land Inc., but instead cautioned the would-be buyers of the risk that they might get into trouble.
Rama supported the stand of his consultant Janeses “Jade” Ponce that what the court is doing by subjecting the lots to auction is considered null and void in the beginning that is why the city petitioned the Court of Appeals to declare void the lower court's decision in relation to the Rallos' case.
Both Rama and Ponce insisted that the lower court should comply with the Supreme Court-issued memorandum circular emphasizing that while the court can order the garnishment of public funds or properties, it cannot be implemented without the concurrence of the Commission on Audit.
Ponce said the city's stand is not to pay the P133 million for the 4,654 square meter lots.
The mayor said he also wants back the P56 million that the city already paid the Rallos heirs in 2001 and 2008 because of the discovery of a document signed by the Ralloses before Juez (Judge) Benito Natividad of the former Court of First Instance in 1940 that they will construct a road for public use in their property and they even want it to be donated to the city.
Rama had already filed a complaint before the Supreme Court against Sheriff Fuentes for insisting to garnish the city's funds in banks and to subject to auction the SRP lots that was already sold to FLI.
Fuentes want that the two parcels of lots at the SRP will be subjected to a public auction to satisfy the city's obligation to the heirs of the late priest. – (FREEMAN)