Claimant seeks dismissal of civil case filed by DND over lot in Brgy Apas

CEBU, Philippines - The man who claimed ownership of a 4.6-hectare lot in Sitio San Miguel, Barangay Apas has asked for the dismissal of a civil case filed by the government through the Department of National Defense.

Mariano Godinez, through lawyer Roberto Palmares, moved for the dismissal of the case seeking for the cancellation of reconstituted transfer certificate of title issued in his favor.

 The DND earlier sought for the cancellation of the reconstituted transfer certificate of title of lot no. 937 located in Sitio San Miguel, Barangay Apas claiming that the property is owned by the government.

According to the DND, the property was validly expropriated by the government in 1983 where Godinez was paid just compensation.

But Godinez said the case should be dismissed for lack of cause of action, res judicata (a matter already judged), and for violation of forum shopping.

 â€œIt may already be pointed out that the main and sub-issues are revived in the present case per allegations of the present complaint when in fact admittedly, the decision of the trial court in the first case declaring herein defendant absolute and exclusive owner of Lot 937 was affirmed in toto by the Court of Appeals whose decision is already final and executory,” Godinez’s motion read.

Godinez added that considering the lapse of time, the government was already “barred” from filing the said case.

Godinez said that during the trial of an earlier case, the government did not interpose any objection on the evidence offered to prove that he is the absolute and exclusive owner of lot 937.

The case is now pending before the Regional Trial Court Branch 12 presided by Judge Estella Alma Singco. Godinez was earlier ordered to submit his reply on the case within 15 days, but he opted to file the motion to dismiss instead. (FREEMAN)