Apas captain dared to prove claim

CEBU, Philippines -  The court-declared owner of the two contested lots in Sitio San Miguel, Barangay Apas, Cebu City claimed to have followed all the legal processes in her acquisition of the properties.

Aletha Suico-Magat issued the clarification following the statement of Apas Barangay Captain Ramil Ayuman that the acquisition of the properties was anomalous.

Magat challenged Ayuman to prove his allegation as she vowed to question the latter’s personality in going to court to stop the demolition of the more than one hundred houses occupying the lots.

“Wa gyud mi makatilaw og income sa among butang, sila pa ang mga squatters ang naka-income kay daghan gipaabangan,” Magat told The FREEMAN.

Lot 942 and 947 were originally owned by spouses Santiago Suico and Antonina Rosal as evidenced by TCT No. RT-6065 and TCT No. RT-6066, respectively.

Sometime in 1949, the National Airports Corporation (NAC), pursued a comprehensive program for the proposed expansion of the now defunct Lahug airport.

The government had initiated expropriation proceedings and on December 19, 1961, the Court of First Instance of Cebu rendered a judgment in favor of the government with buy-back assurance.

At the end of 1991, Lahug airport completely ceased its operations and the properties expropriated were never used.

On February 8, 1996, the heirs of Santiago Suico led by Magat filed civil suit against the government for refusal to reconvey the properties which informal settlers began to possess.

On October 7, 1998, the Regional Trial Court directed the Mactan Cebu International Airport Authority (MCIAA) to reconvey, free from liens and encumbrances, to Magat and seven other siblings.

MCIAA appealed the decision but the Court of Appeals affirmed the RTC decision on January 14, 2005.

On September 21, 2005, the MCIAA filed before the Supreme Court a petition for review but the highest court sustained the appellate court on February 9, 2011.

The SC ordered to reconvey to the heirs of Suico the litigated lots and for the Register of Deeds of Cebu City to effect the necessary cancellation of the titles and transfer it in the name of the respondents.

Consequently, on December 2, 2011, MCIAA through a Deed of Reconveyance returned the land to the heirs of Santiago Suico.

On November 19, 2012, Magat, for and in behalf of her co-heirs, filed a complaint for ejectment against the informal occupants of the lots.

On September 30, 2012, the court rendered a favorable judgment for Magat and ordered the informal settlers to vacate the lots and pay corresponding rents for reasonable use of the property.

On December 27, 2013, the court issued a resolution clarifying that the execution pending appeal will be implemented against 138 defendants.

A writ of execution was issued on January 23, 2014 and a notice to implement the writ of demolition was issued on January 28, 2014.

The pre-demolition conference is set at 2 p.m. today at the office of the Presidential Commission for the Urban Poor. While the demolition is set on March 4.  (FREEMAN)