CH has 10 pending lot cases that involve claims estimated at around P60M-A A +A
Saturday, July 21, 2012
ASIDE from the Rallos case, the Cebu City Government is involved in 10 other expropriation cases, some involving millions in money claims.
This was disclosed by the City Legal Office in a report it submitted to the City Council.
The lot cases, majority of which involve road right-of-way, date back to the 1990s.
One case involves the Archdiocese of Cebu.
On Oct. 5, 1989, the City filed a case against the archdiocese for a property it wanted to use as a road right-of-way to the Cebu Business Park.
The archdiocese had refused to allow the City to use the property, but later decided to sell it to the City. It was then that the archdiocese was dropped as a party-defendant.
City vs. Dedamo
In the case of Apolonio and Blasa Dedamo, the couple didn’t want the City to take a portion of their land.
As there was urgent need for the City to use the property, the court granted a writ of possession in favor of the City. The parties later agreed to let the court determine the amount of compensation for the couple.
In February 2004, the court said the City should pay the Dedamos P3.74 million. The City objected.
The court ruled on its computation, prompting the City to file a motion for reconsideration. The Dedamos, too, filed a motion for reconsideration.
The case is pending before the Supreme Court.
The City also filed a case against the Manila Mission of the Church of Jesus Christ of the Latter-Day Saints in 1996 for a right-of-way leading to and from Katipunan St.
The City was able to secure a writ of possession for the property, but the defendant agreed to negotiate. The case has yet to be resolved.
Other expropriation cases the City is involved in include one filed by Caferina Verano.
She wants to recover her property, which now forms part of M.Velez St. She is seeking not less than P4.3 million in damages. The case is pending before the Regional Trial Court Branch 21.
Merlita Cardeno also filed a case against the City and is seeking P1.8 million for her property that was seized and used as a road in 1992.
The City is also facing an expropriation case filed by Roque Ting, who wants P50 million for his lot located on the right side of the bridge that connects the Cebu South Coastal Road to Talisay City. The case is subject to final resolution.
During last week’s regular session, the council referred the legal office’s report to the committee on laws for recommendations.
Published in the Sun.Star Cebu newspaper on July 22, 2012.