CH lawyers advise Rama: Don’t pay Banawa road lot

CEBU, Philippines - The Cebu City Legal Office has advised Mayor Michael Rama against paying the owner of a property used as public road in Sitio Banawa, Guadalupe.

Rama earlier sought the opinion of the city legal office on the demand from the counsel of Telesfora Llaguno for the city government to pay the just compensation of the lot used as public road.

Lawyer Mary Ann Suson, one of the city lawyers, said the documents show that the lot No. 6447-A-4-D-3 under Transfer Certificate of Title (TCT) No. 131804 is an existing road lot registered under the name of Florencia Flores.

Suson said the title also imposes upon the said lot a lien that it cannot be closed or disposed of in any manner without approval of the court.

She added that the claimants, who claimed to be the heirs of the registered owners, cannot in any way prohibit the public from using the lot despite the fact that it is registered under their names.

The documents gathered by the city government show that the registered owners of the lot imposed this obligation upon themselves to provide for a road lot during the subdivision of their properties.

“Thus there is no need for the City of Cebu to pay just compensation for the lot (situated in Forest Hills in Banawa) as the title itself provides that the said lot should be used as a road lot,” Suson said.

Suson’s legal opinion was concurred by city attorney Joseph Bernaldez.

According to Suson, it would be disadvantageous for the city to pay for the property that was previously delineated as public road.– (FREEMAN)