Monday, June 09, 2008 Nalzaro: The agony of the Palicte family By Bobby Nalzaro Saksi
IS THE Cebu City Government above the law? I posed this question after City Hall was incessant in its stand not to pay the heirs of the late Matilde Palicte on the lot it expropriated despite a court order. The Regional Trial Court ordered City Hall to pay the Palicte family P20 million, which represents the actual zonal valuation of the lot it expropriated and interest.
The expropriations proceedings had been pending with the lower court when one party did not agree to the price earlier set by the court. City Hall utilized the lot as an on-site relocation for squatters occupying the area. The City Government intervened after the Palicte family obtained a demolition order against the squatters and offered to expropriate the lot.
Matilde Palicte, a closed relative of the Sotto clan, died several years ago without reaping the “fruits” of her properties, which she had inherited from her parents. Her children are the ones legally fighting the City. I know two of Palicte’s children, one of whom was a former news director of a sequestered television station. They told me that fighting the City Government was emotionally and financially draining for the family.
But still they did not lose hope, and in the end they were legally victorious. But their agony did not stop there, as City Hall refused to immediately act on the court’s order. Also, there was a move by City Hall to raise the issue before the higher court. Well that was their legal option, but City Hall lawyers dropped the idea because it would cost more for the City as the interest would reach P1 million every year during the pendency of the litigation.
City officials also offered to pay the heirs on installment basis. But City Hall lawyers and some councilors reacted to the court sheriff’s order to freeze City funds deposited in a local bank. They claimed that was unfair because the money belonged to the government and should be protected. But who said otherwise?
Expropriation is an inherent power of the State for public use upon payment of just compensation. Now who will pay the Palicte famly? It is not personally Mayor Tomas Osmeña. The City Government was the one that initiated the expropriation proceedings so it is only proper that City Hall should pay the Palicte family using City resources. Why prolong the agony of the Palicte heirs? They suffered emotional pain for several years now because they could not enjoy the benefits and gains of the properties they inherited from their mother?
The squatters have it easy after benefiting from City Hall’s pro-poor program. But what about the Palicte family who are the rightful and legal owners of the properties the squatters are squatting on? Even before the lot was expropriated some of the occupants had not bothered to pay their rent to Palicte matriarch. When demanded payment, they even threatened family members with harm.
What the kind of government is this? Why doesn’t it respect and honor a court order? I thought we are a government of laws and not of men? The sad experience of the Palicte family in dealing with the City Government should serve a lesson to property owners. Do not allow your properties to be expropriated without the government showing the color of their money because you might find yourself six feet under before the money is released to you.
