Civil case filed vs CH over lot

CEBU, Philippines - For allegedly confiscating their lot without due process, the heirs of Paulina Taboada and others filed a civil case for judicial determination of just compensation against the City of Cebu represented by Mayor Michael Rama and other government  officials.

“Lot no. 6447-A-4-D-3 – TCT no. 131804 is confiscated or taken by the defendant City of Cebu without due process of law, and without observing the constitutional principle that no private property shall be taken for public purpose without paying just compensation,” the complaint reads.

The subject lot with 788 square meters, more or less is allegedly used by the City of Cebu as public road.

The plaintiffs said the acts of the defendants in asphalting the road without paying for the compensation of their lot, as registered owner being the heirs of Taboada, heirs of Silvestre Caballes, heirs of Quintin Caballes and heirs of Domingo Gerebise, was a violation of the law.

As evidence, the plaintiffs attached a newspaper clipping published in Banat News dated October 13, 2012 as evidence that indeed the City of Cebu did the asphalting. There were also photographs attached.

The plaintiffs said despite the fact that they are the owners of the subject lot, still the defendants disregarded their rights and did not pay just compensation before the project was implemented.

They added that they sought the court’s assistance after the defendants failed to give in to their demands.

“That demand was made by the plaintiffs for the defendant, City of Cebu to compensate them of the value of lot but the said defendant and its officers apparently ignored our lawful and valid demand,” the complaint reads.

Other named defendants are Vice Mayor Joy Augustus Young, city councilors Edgardo Labella, Augustus Pe Jr., Alvin Arcilla, Sisinio Andales, Lea Japson, Alvin Dizon, Noel Wenceslao, Nida Cabrera, Rodrigo Abellanosa, Margarita Osmeña, Eduardo Rama Jr., Jose Daluz III, Raul Alcoseba, Ronald Cuenco, Richard Osmeña and Roberto Cabarrubias.

Also named defendants were the “unwilling co-plaintiffs”  were Marcela Caballes, Severina Caballes, Juana Caballes, heirs of Rosalia Cabales represented by Josephine Navaja, Faustino Caballes and Melitona Caballes.

The plaintiffs said they impleaded the “unwilling co-plaintiffs” as defendants in order to “obtain complete relief” and to attain full and final settlement.— (FREEMAN)