SM Prime’s claim vs Negros Occ LGU property junked

BACOLOD CITY, Philippines — The Land Registration Authority (LRA) dismissed the affidavit of adverse claim filed by SM Prime Holdings, Inc. (SMPHI) on the 7.7-hectare property of the Negros Occidental LGU property.

LRA Administrator Eulalio Diaz III, in a decision dated March 17, sustained the decision of the Registrar of Deeds-Bacolod denying the registration of SMPHI on the Capitol property.

Diaz said the adverse claim was not a claim on the title because it only anchored on the contention that SMPHI was the winning bidder in the public auction and therefore has the sole and exclusive right to purchase or lease the property that was subject of the bidding.

He said the claim has nothing to do with the title itself, which can be considered an adverse claim with the registered owner instead. SMPHI must present documents to show its claim on the title, so as to qualify it as an adverse claim, said Diaz.

“In this case, none has been presented except a self-serving allegation in the affidavit of adverse claim,” Diaz explained, adding that the SMPHI’s claim is not adverse to the registered owner neither against the title nor the property but towards the bid proceeding.

SMPHI had contested the bid awarded to Ayala Land Inc. (ALI), arguing that the Capitol was biased in the transaction for ALI.

A petition for certiorari was filed by SMPHI against the provincial government, but this was junked by Bacolod Regional Trial Court-Branch 50 Judge Estefanio Libutan Jr. SMPHI filed a motion for reconsideration two weeks ago, asking the court to reverse its decision on the petition. —(FREEMAN)