Residents challenge lot sale to developer

 CEBU, Philippines - Because of the impending writ of execution and demolition, the residents of Upper Peace Valley, Capitol Hills, Barangay Lahug, Cebu City, filed a civil case in court for the declaration of nullity of transfer certificates of titles.

In their complaint, the plaintiffs asked the court to declare the 11 titles under the name of a private firm null and void saying it was against the Friar Lands Act.  Forty-six families living in the area filed the case.

The plaintiffs said they were bona fide settlers and occupants of Lot No. 1028 of the Banilad Friar Lands Estate. The lot was originally owned by a religious corporation during Spanish sovereignty.

After the Spaniards left, the Friar Lands Estate was sold to the government by virtue of the Friar Lands Act.

The Province of Cebu bought 3,000 hectares of the Friar Lands and sold and transferred lot 1028 to the late Genoveva Villalon, who allegedly never lived in the lot.

“Under the same law, it provides that in case of sale of friar lands, statutory preferential right shall be given to the actual settlers and occupants as the plaintiffs herein,” the complaint reads.

Plaintiffs further said Villalon sold the lot to Paca Development Inc. who was neither an occupant.

“Clearly, the sale and transfer of Lot 1028 to the aforesaid entity which is not actual occupants grossly violated the Friar Lands Act and consequently, the same is null and void,” the complaint further read.

The plaintiffs asked the court to declare the TCT under the name of Paca Development Inc. null and void.  They added the Province of Cebu must sell the lot to them as they were the actual occupants and not Villalon.

The defendants of the case were the Province of Cebu, Paca Development Inc., the Register of Deeds of Cebu City and City Assessor of Cebu.

Impending demolition

Considering there is an impending writ of execution and demolition to follow, the plaintiffs sought for the issuance of TRO not to demolish their houses.

They said they are willing to put up a bond upon the discretion of the court.

Reportedly, there was a civil case filed against them.

The plaintiffs also said they were also asking for the issuance of a writ of preliminary injunction.   (FREEMAN)