Tuesday, February 24, 2009 [ sunstar.com.ph ]
THE Office of the Solicitor General (OSG) asked the Court of Appeals (CA) last Jan. 16 to nullify the title for a 8,600-square meter partcel of lot in Colon, City of Naga, Cebu.
The title, according to the agency, covers 2,828 square meters of seawater that is part of the Bohol Strait. The
remaining 5,778 square meters was reclaimed by the National Power Corp. in 1976, the OSG said.
The petition is signed by Solicitor General Agnes Devanadera, Assistant Solicitor General Reynaldo I. Saludares and Senior State Prosecutor Derik R. Puertollano.
They accused court and Cebu Provincial Registry of Deeds employees and five private individuals of being responsible for the allegedly fraudulent registration of “inalienable and indisposable” land.
In the petition to nullify the land title, the OSG said the Regional Trial Court (RTC) Branch 22 does not have jurisdiction over the case but it still confirmed the registration of the title.
Void decision
The OSG said the RTC decision is void from the start.
The land covered by the title is beside the area where there is an ongoing construction of the 200 megawatt coal-fired power plant of SPC Power Corp. and Korea Electric Power Corp. (Kepco).
The title was registered at the Cebu Provincial Registry of Deeds reportedly upon the petition of Nilo Balorio, Sarah Sigue Balorio, Reuel Pintor, Flordeline Irene Pintor and Joel Tidorio.
However, OSG said it was later discovered through the cadastral map survey of Naga that a portion of the property is part of the Bohol Strait and the rest were reclaimed. This was also the contention of the Department of
Environment and Natural Resources (DENR).
When sought for comment, Reuel Pintor, who is a lawyer, said it’s impossible for the land to be part of the Bohol Strait because a portion of it is now a mango orchard.
Pintor said the RTC ordered the titling of the land in their names after they bought it from the original owner, with approved survey plan and tax declaration.
Pintor said that during the court proceedings, then Naga Mayor Ferdinand Chiong opposed their claim but failed to present evidence.
Pintor also said they are surprised with the OSG petition, considering that OSG was furnished a copy of the court decision. He said the annulment of a court decision has a prescription of four years and it is already six years since the court decided on the case. (EOB)
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