Lawyer: Gonzaga clan's claim a dead case-A A +A
Friday, September 9, 2011
PROVINCIAL legal officer lawyer Jose Maria Valencia said the case filed by the Gonzaga heirs who claim ownership over a portion of the 7.7-hectare Capitol property is a dead case.
The case has been dismissed by the Supreme Court but was re-filed with the Regional Trial Court (RTC) here.
Valencia issued this statement after the heirs of the Gonzaga clan have surfaced yesterday to claim ownership of the 6,900-square-meter property as part of the 7.7-hectare property being sold by the Provincial Government to Ayala Land, Inc.
They were Risa Schlosser and Tranquilino Monton, great grandchildren of the original property owner. Urs Schosser, a Swiss national, husband of Rita, and their lawyers held a press conference to clarify this ownership.
However, Valencia pointed out that it is practically the same case that was filed before by supposed Gonzaga heirs as the documents as well as pieces of evidence presented are the same.
“It has been dismissed by the Supreme Court and we even have a certificate of finality,” he said.
Valencia added that with the case being resurrected over and over again by supposed heirs of the Gonzagas, the Capitol is contemplating the filing of countercharges for damages.
He said that with the refilling of the case with the RTC here, the Provincial Government has filed a motion to dismiss on the ground of res judicata because the case has already been resolved a long time ago and one cannot just re-file the same case.
However, he said the complainants filed a motion for the inhibition of Judge Pepito Gellada of Branch 47 of the RTC.
Valencia also said that interested investors for the property had been duly informed of the said cases and the decision of the Supreme Court.
He added that the irony is that when the property was occupied by the squatters, there seem to be nobody interested in it. Now that a big investor has signified interest, a lot of people are putting claim on the property.
He said that he even received letters until now coming from those who also claim ownership on Capitol properties. (Teresa Ellera-Dulla)
Published in the Sun.Star Bacolod newspaper on September 09, 2011.