Monday, January 22, 2007 'Real owners' of Gawahon Mountain Resort surface By Erwin Ambo S. Delilan
IT TOOK years for the Victorias City Government to develop the Gawahon Mountain Resort in Barangay Gawahon into a "tourism haven" in Negros Occidental.
And just after it built several cottages and a mini-hotel, provided good roads and easy access for everyone and launched an intensive promotional campaign to boast of Gawahon's untouched cigarette falls and lagoon, problem came in.
A group appeared and laid claim on the land saying the area belonged to their family and that this was taken from them without their consent.
They are also demanding that the City Government vacate the property, clear it of any development and return it to them within 30 days from January 15.
In a letter sent to Victorias City Mayor Severo Palanca, lawyer Roem Arbolado claimed that the heirs of the late couple Jose and Lolita Rivilla are the lawful owners of at least 192,332 square meters of the resort.
Arbolado, who was contracted by claimant Gabriel Unson, also called on Negros Occidental Governor Joseph Marañon, the Provincial Board (PB) and the Department of Environmental and Natural Resources (DENR) to intervene in the matter.
He pointed out that the Rivillas property, which Unson is now claming, was technically known as Plan F-(V-3)4030-D and is covered by Transfer Certificate of Title (TCT) No. T-129529 in the name of Mr. and Mrs. Jose Rivilla.
Palanca could not be reached for comment as of press time. Sun.Star Bacolod also tried but failed to contact him in his cellular phone.
From the letter furnished to Sun.Star Bacolod, Arbolado claimed that the City Government failed to explain the "clear encroachment and invasion" of the Rivillas property despite the previous request made by the heirs.
Arbolado added that as a direct consequence of the alleged patently illegal, arbitrary, and oppressive act of the City in taking over possession and introducing improvements on a substantial portion of their subject property, the heirs were deprived of the use and enjoyment of their own private property.
"In short, the heirs were, in effect, deprived of their property without due process of law and of the requisite just compensation for the value thereof," he added.
The legal counsel claimed that based on records and documents he has, the late Rivilla couple remains the undisputed registered owners in fee simple of the subject property since they acquired the same by purchase from the Development Bank of the Philippines in 1984.
He added that the Rivillas, and later on, their successors-in-interest, have been in adverse, open, and public possession of the property and have in fact been paying realty taxes since time in immemorial.
"Our clients' title or dominion over the subject property, having been brought under the protection of the Torrens system of land registration as evidenced by TCT No. T-129529, is indefeasible and is even guaranteed by the state itself," his letter also read.
By law and jurisprudence, Arbolado added, the title is not subject to any collateral attack and must be upheld and afforded full faith and respect by all the world until annulled or set aside with finality by a competent court or authority in a proper proceeding.
"Such action of the City Government of Victorias of developing Gawahon into a mountain (resort) was a clear encroachment and invasion of private property of the Revillas," he said.
Arbolado demanded that the City Government as well as all persons and entities acting for and in its name, must vacate at once the subject parcel of land and forthwith remove all improvements introduced thereon within 30 days starting on January 15.
He said any refusal or failure to comply with this demand shall constrain them to take necessary legal steps for the preservation and enforcement of our clients' propriety rights over the subject property.
Arbolado said they also wanted Governor Marañon, the PB and the DENR through the Provincial Environment and Natural Resources Office (Penro) of Negros Occidental to intervene in the matter.
He said proper attention to this matter is a must the reason why he also furnished the governor, PB and DENR the copy of his letter to Palanca.
