Company insists on lot ownership

CEBU, Philippines – Citing lack of merit, a private contractor is seeking the dismissal of the civil case filed by the residents of Upper Peace Valley, Capitol Hills, Barangay Lahug, Cebu City against them.

In their reply, Paca Development Inc., a private contractor based in Dumaguete City, stated that the case filed against them was a form of “harassment.” They claimed to be the lawful owner of the questioned lot.

The private contractor added that they bought the 11 parcels of lot from late Genoveva Villalon in good faith. Lot No. 1028 is comprised of 3,000 hectares.

The ownership of Paca Development Inc. was being questioned by the residents. There were 46 residents who filed the case against Paca Development Inc., the Province of Cebu, the Cebu City Register of Deeds and City Assessor’s Office.

The residents claim that the private contractor is not a lawful owner of lot No. 1028 pursuant to Republic Act 1120 otherwise known as the Friar Lands Act.

Under the law, the residents said, in case of sale, lot No. 1028 must be sold to the actual occupants which means them. The 3,000 hectare was known as Banilad Friar Land Estates.

The Banilad Friar Land Estates was sold to the Province of Cebu. The Province of Cebu sold the lot to Villalon. It was Villalon, who sold the lot to Paca Development Inc.

However, the residents questioned the sale and transfer of lot to Villalon citing that she was not an actual occupant of Upper Peace Valley.

The residents likewise, questioned the ownership of Paca Development Inc.

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

However, Paca Development Inc., in its reply claimed the purchased lot was covered by the Torrens certificate of title. For several decades, they said, they have been owners of the questioned lot.

Paca Development Inc. said the claim of the residents that the lot was part of the Banilad Friar Land Estates is no longer an issue because there was already a decision from the court.

Meanwhile, the Paca Development Inc. is seeking for monetary counter-claims of P20,000 for exemplary damages, P20,000 for moral damages and P40,000 for attorney’s fee. Paca Development Inc. likewise, asked the court to affirm that the 11 lots covered by the Torrens certificates of title was not part of Friar Lands.— (FREEMAN)