Wednesday, November 08, 2006
'Victims' of land expansion urged to sue subdivision developer
SUSPENDED Mayor Braulio Yaranon on Tuesday asked residents of Barangays Sto. Tomas, Dontogan and Outlook Drive to file criminal charges against a subdivision developer that allegedly expanded the lots it owned.
Yaranon said Prime Peak Properties Limited Inc. (PPPLI) should be charged for allegedly falsifying its survey plans, titles and validation certificates to the disadvantage of those who purchased lots using their hard-earned money.
He said he continues to receive complaints, usually from Overseas Filipino Workers (OFWs), that the lots they bought are part of the reported expanded titles and are now apprehensive that they might not be able to recover the down payments they have tendered.
And while the management of Prime Peak already filed a petition for certiorari before the Court of Appeals (CA), with the aim of contesting the denial of a committee of their application for the validation of nine titles, lawyer for the residents Adelina Tabangin advised prospective property buyers to check the respective land status at the City Registry of Deeds (CRD) and the Housing and Land Use Regulatory Board (HLURB).
But the management of Prime Peak reiterates their titles are valid and protected by the Torrens certificate of title. This claim however continues to be contested by affected residents.
As reflected in a position paper dated April 7, 2006, it was reiterated that Prime Peak's titles are among those that have been voided by the Supreme Court (SC) during the term of then President Ferdinand Marcos.
The SC ruling was subsequently enacted into law as incorporated in Presidential Decree (PD) 1271 or the Act that nullified the registration and certificates of title within the Baguio townsite reservation.
PD 1271 formed the Baguio Validation Committee (BVC), which was tasked to validate the titles of those who, in good faith, were able to acquire titles prior to the promulgation of the decree.
In the position paper, however, it stressed that Prime Peak's owner Gloria de Guzman allegedly was not in good faith when she applied for validation because aside from these lots already being declared null and void as per an earlier resolution of the SC, the lots have also been expanded.
The BVC earlier disapproved the application for validation of de Guzman for titles T-12824, T-12825, T-12826, T-12827, T-12828, T-12829, T-12830, T-12831 and T-12832 as these reportedly were expanded. (RO)
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