Wednesday, November 4, 2009 [ sunstar.com.ph ]
SOUTH Drive officials will appeal to the President's office regarding the barangay's right to the 592 square-meter property where barangay hall, basketball court and satellite market are located.
The said appeal is on recent decision of the Department of Environment and Natural Resources (DENR), where their barangay hall stands, to a private claimant.
South Drive officials led by barangay head Cesar Munar asked City Hall to intervene, saying the DENR's decision would jeopardize the barangay's right to the 592 square-meter property.
Environment Secretary Lito Atienza on October 2 affirmed the decision of the DENR regional office, which gave credence to the application of Alfonso Lumacas.
Atienza said the property may have been identified as early as 1988 by the City Council as a barangay land need, but an earlier application has to take precedence.
Records showed Lumacas has been occupying and filed a townsite sales application of the property at the AO 504 Clearing Committee since 1979.
Circumstances beyond his control and the forcible demolition of his property, however, resulted in the discontinuance of his occupation of the property.
In affirming the regional office's decision, Atienza said while the City Council passed a resolution, which reserved the disputed property for government use, the council has no power to grant or dispose public land to an entity or individuals.
Only the secretary of the DENR through the regional executive director could dispose public land, Atienza said.
"The City of Baguio, or any local government for that matter, cannot interfere in the administration and disposition of public lands. It belongs to the State as of the public domain, hence it is only just and proper that an agency of the National Government such as the DENR should be legally vested with the power, right and duty to oversee and manage the disposition of these lands," Atienza penned.
The DENR central office maintained the property, being a public lot, can be disposed under townsite provisions of the Commonwealth Act.
The DENR reminded for a public land to be reserved for public purposes, the DENR secretary would recommend a certain property was identified for public use, after which the President will issue a proclamation designating the same for the purpose it was identified for.
"The enactment of [City Council] Resolution172-1987 will not suffice to reserve the same for public purpose," Atienza said.
Atienza added that testimony from the surrounding community revealed Lumacas have long been occupying the property but was forced out by government.
The secretary said Lumacas was deprived of due process when he was forced to leave allegedly by armed men. "Possession could not be acquired through force or violence." (Rimaliza Opiña)
Published in the Sun.Star Baguio newspaper on November 5, 2009.
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