Saturday, October 04, 2008
SC orders Cebu City to pay Rallos heirs, turns down petition for review of order
By Katrina A. Balmaceda
Sun.Star Correspondent
HAD THE City Government not appealed a court decision ordering them to pay the heirs of a lot in Banilad, the amount payable would not have soared to nearly twice the amount.
But now, after the Supreme Court (SC) Second Division denied the City’s petition asking for the review of a 2001 court order, the City has to pay the heirs of Rev. Fr. Vicente Rallos P44,213,000.
If the attorney’s fees, litigation expenses and a 12 percent annual interest rate starting from 2001 were to be added, the total amount would reach P81,451,920.
The calculation was based on the lot value of P9,500 per-square-meter for the two lots claimed by the Rallos clan. The City has reportedly been using the property for the road-right-of-way in Banilad.
Rallos lots 485-D and 485-E comprise a total area of 4,654 square meters.
In a telephone interview last night, City Administrator Francisco Fernandez said he has yet to receive a copy of the SC decision, but expressed concern over the huge amount that the City Government was told to pay.
“We will see what we can do to protect the interest of the City. But that is a very serious problem, kung ingon ana kadako,” he said.
Six years ago, Regional Trial Court (RTC) Branch 9 Sheriff Antonio Bellones already garnished P34,905,000 of the City’s funds to pay the Rallos heirs.
This means that the City still to pay a balance of P46,546,920.
The amount, however, was based on a Sept. 2, 2008 calculation. But for each day that the full payment is delayed, the City will pay the lot owners P14,535.78.
The SC decision was issued on April 21, 2008.
No error
It denied the City’s petition for review of a Court of Appeals decision dated August last year, saying it “failed to sufficiently show any reversible error in the assailed decision.”
Bellones said that even if RTC Branch Judge Geraldine Faith Econg still has to issue a writ of execution, the SC entry of judgment already made the decision “final and executory.”
The City could no longer file an appeal.
Disagreement over the amount to be paid to the Rallos heirs has been going on since 2001, when it was still Judge Benigno Gaviola presiding over RTC 9.
That year, Gaviola ordered the City to pay P7,500 per-square-meter of the Rallos-owned lots.
The Ralloses appealed the amount, finding it too low.
The City, on the other hand, argued that the compensation to the Rallos clan must be based on the lots’ market value in 1963, when the City began using it as road-right-of-way.
In an order dated March 21 2002, Gaviola modified his decision, raising the amount to P9,500 per-square-meter.
Yesterday, the Rallos heirs, through Maurillo Rallos, submitted a motion for execution before RTC 9.
They asked that the payment be “effected without delay.”
“If there is delay in complying with the directive to pay, necessary proceedings may be taken to confiscate patrimonial properties and cash savings to satisfy the judgment in favor of plaintiffs,” the Ralloses’ petition read. (With RHM)
For Bisaya stories from Cebu. Click here. (October 4, 2008 issue)
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