Wednesday, September 03, 2008 City gov't loses ownership of 12-hectare resort By Cong B. Corrales
THE City Government of Cagayan de Oro lost ownership of a 12-hectare resort after the Supreme Court (SC) ruled on reverting the estate where the resort is located into a public land.
The SC ruled reverting the 105-hectare estate of Dona Josefina Graciano vda Neri, where the Lawndale Spring also known as Kagay-an Resort was developed, into a public property.
Lawndale Spring is located in sitio Taguanao, Barangay Indahag. Millions of public money was allegedly spent on it.
The landmark decision penned by Associate Justice Leonardo Quisumbing found that the judicial title of Neri did not pass through proper government processes "even bypassing the then Bureau of Land and the Department of Environment and Natural Resources (DENR)."
Together with City Government, land claimants who already build houses in the property and beneficiaries of the Department of Agrarian Reform (DAR) who were issued with Certificates of Land Ownership Award (Cloa) lost their ownership rights.
Excluded by the High Court ruling is the six-hectare property of the Court of Appeals (CA), which was delineated by a presidential decree.
The decision was promulgated in March 4, 2004 but the Solicitor General and other claimants filed appeals for reconsideration delaying the implementation until 2006 and 2007.
"Kanselado ang tanan. Bisan ang mga DAR beneficiaries nga Cloa holders kay public land naman ni og balik," Conrado Mahinay Jr., officer-in-charge of DENR Land Management, said.
Mahinay said all the claimants including the City Government will have to reapply with the DENR so they can have the proper land tiles of their properties.
On Tuesday, the DENR held a public consultation among the stakeholders -- its fourth in the past four years -- inside the Kagay-an Resort, which had been closed since last year. The resort was a shadow of its former self. Its two swimming pools no longer had water and a big sign that says "No Entry"" is hanged on its steel gates.
Criselda Joson, city administrator, said the City Government had to close the gates of the resort to secure the investment of the local government.
Mahinay advised the stakeholders that they will began the survey of their properties on September 9.
Heated discussion among the stakeholders erupted at the consultation Tuesday, each accusing others of encroaching their properties.
Alice Valdehueza, one of the claimants, said the City Government had encroached into her property, an accusation denied by Joson.
Lawyer Lenny Capinpuyan, DAR legal division chief, also argued in behalf of their beneficiaries.
Capinpuyan told the beneficiaries that their claims will be "prioritized" because they were the original settlers of the property.
She advised beneficiaries who have sold their lands to hold on to the payment receipts so they can be reimbursed by Land Bank of the Philippines (LBP).
