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Monday, November 24, 2003
Abineses ordered: surrender wharf to town
By Jeanette P. Malinao
CEBU -- Two years after the Abines family gained control of the Talisay wharf in Santander town as their own property, the court ordered them to "peacefully" return its possession, control and management to the Municipal Government.
Aside from ordering former congressman Crisologo Abines and his wife, Priscilla, to "immediately vacate" the wharf, the Regional Trial Court (RTC) also told them to pay the town P20,000 per month as "reasonable compensation" from the time they started occupying it.
That would be some P600,000 for the 30 months that they controlled the wharf as their own starting May 23, 2001, or days after members of the Abines family lost in the elections.
Lawyer Frank Malilong, the known spokesman of the family, refused to comment yesterday, saying he is not involved in the case. Efforts to reach any member of the Abines family were also not successful.
The RTC in Oslob cited the documents presented by the municipal government that it was the town's money that was used to construct and operate the wharf.
A deed of donation was also presented as proof that the lot where it now stands was given to the municipal government by spouses Catalino Geromo and Ignacia Atad.
'Hasty'
Moreover, the court ruled that the municipal council resolution that turned over control of the property to the Abines family is doubtful.
On May 23, 2001, the Santander Municipal Council granted the request of the Abines couple to take control of the wharf.
A council resolution is not the legal way to convey ownership of a government property, the court said, and the "malicious nature" of the transaction was seen by the "hasty" manner that it was approved.
Also, the resolution was never approved by the Cebu Provincial Board.
The council, in divesting the town of a valuable property, violated its proprietary rights "to the great irreparable damage and injury" of the town, the court said.
The decision called the council's move a "midnight resolution" that is not only illegal but also against good governance.
Judge Jesus dela Peña said the Abines couple presented no documents to support their claim that they constructed the wharf and operated it.
Public goods
"His being a mayor did not make him the owner of the properties owned by the municipality," the decision read.
The court also cited the confirmation from the Cebu Port Authority (CPA) that the wharf was never registered as a private wharf.
When CPA asked then mayor James Arnold Abines, son of Crisologo, to register it as a private wharf, James Arnold informed the CPA that it is not a family-owned port but a municipal wharf.
The court agreed with the claim of the municipality that Santander has a "clear and unmistakable right" as owner of the wharf.
"There is no question (about it)," said dela Peña. "Public properties are imbued with great public interest and should not be made subject to the changing whims and caprices of its officials."
The Abines family not only divested the town of its wharf last 2001. The council also passed resolutions turning over all of the municipality's vehicles to their allied barangays. The current administration already made efforts to take them back. |
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