Legal issues still hover over land donor’s lots-A A +A
Tuesday, January 8, 2013
MEMBERS of the Cagayan de Oro City Council have mixed reactions on the decision of James Giam to take back the lots he donated to the City Government for “terminal use” after the latter allegedly committed breach of contract.
Councilor Ramon Tabor, speaker pro tempore, said this is an issue where the court is the final arbiter.
“It’s a basic principle to me. This is an issue where the court, which is the arbiter of any conflicting claims, is the final arbiter,” Tabor told Sun.Star Cagayan de Oro.
“They cannot take it without first resolving legal issues, otherwise that’s taking without due process. This controversy arose from a contract. If they do it, then they are susceptible to damages because anyone who is in the performance of his right must act with justice, give everyone his due and observe honesty and good faith,” Tabor added.
Opposition Councilor Edgar Cabanlas said, however, that he cannot blame Giam for his action since Mayor Vicente Emano has totally abandoned the place, specifically the parcel of lands hosting the PUJ terminal in Barangay Gusa.
“His action is forced by circumstance. I can’t blame James for doing that. It’s now a ghost town and was totally abandoned,” Cabanlas said.
In a seven-page manifestation, Giam emphasized that the City Government under the administration of Mayor Emano allegedly violated the terms and conditions of the conditional donations of the lots when he authorized the construction of another east-bound terminal in Agora, Barangay Lapasan.
Based on Giam’s manifestation under the terms and condition he made with the City Government, the lots that he donated shall be used exclusively for the east-bound public utility jeepneys’ terminal, and in case the donated land no longer be used by the City for the purpose, the donor can exercise his right for the ownership of the area without any legal impediment.
Published in the Sun.Star Cagayan de Oro newspaper on January 09, 2013.