MORE than ten structures within the Puguis Communal Forest in La Trinidad were demolished on Thursday, March 5.
Some 200 personnel from Department of Environment and Natural Resources (DENR)-Cordillera, Provincial Environment and Natural Resources Office (Penro)-Benguet, Bureau of Fire Protection, La Trinidad Local Government Unit (LGU), Health Services Office, together with Scene of the Crime Operatives (Soco) and La Trinidad Municipal Police Station (MPS) were deployed inside the communal forest.
The demolition pushed through after a resolution by Regional Trial Court Judge Jeorge Manois Jr. denying the application of injunction filed by the heirs of Tiotioen.
To recall, Order No. 01-PUB-2019 issued by Mayor Romeo Salda in 2019 for the demolition of several structures at Puguis Communal Forest owned by Pedro Isican, et.al was held in abeyance pending the resolution filed by Isican and Gretchen Fagyan for the issuance of a preliminary injunction.
Manaois, in his order dated February 7, he said the La Trinidad LGU maintains that the structures subject of the demolition order and demolition advice are inside the communal forest and the structures have no building permits with the LGU having the authority to issue the demolition order and advice.
“The DENR, in their answer-in-intervention, opposed the issuance of Writ of Preliminary Injunction and claimed that this is an environment case covered by the Rules of Procedure on Environmental Cases. Thus, no TRO or Writ of Preliminary Injunction may issue against the lawful action of government agencies including that of local government units are represented by defendant Mayor Salda,” the judge stated in his order.
“Plaintiffs alleged rights are mere reiterations of their claim that the structures are outside the Puguis Communal Forest, which is contrary to surveys and findings made by several government agencies,” Manaois added.
During the demolition on Thursday, the heirs of Tiotioen who were present including Fagyan reiterated their claim adding they have filed a motion for reconsideration and asked the demolition team to stop.
Lawyer Bartolome Baldas, municipal legal officer, said the court order issued last February denied the application of injunction filed by the heirs of Tiotioen adding as for the demolition order, there is no order prohibiting the mayor to implement the demolition order.
Before the demolition, claimants were advised to voluntarily demolish their structures February 21.
“Nonetheless, there is no court order that the court reconsider the denial of their TRO, there is no legal hindrance for the implementation of the demolition order,” he added.
Baldas added the reason why the mayor ordered the demolition is because the structures are within communal forest and the structures are not covered by building permits.
Back in 2018, the Court of Appeals Sixth Division denied the application for land registration of the heirs of Evaristo Tiotioen.
The appeal was filed as La Trinidad attributed the following error of the decision of Regional Trial Court (RTC) on August 30, 2001 citing failure on the part of the heirs of Tiotioen to convincingly prove the subject property is part of the alienable and disposable portion of the public domain and there was failure on the clan to prove that their title is registrable.
An earlier RTC decision confirms the title of the heirs of Tiotioen over the subject properties based on the testimonial and documentary evidence presented and the heirs had been in open, continuous, exclusive, and notorious possession and occupation of the land for at least 30 years preceding the filing of the instant application.
Promulgated April 30, the appeal was granted in the 18-page decision of the Court of Appeals.
“Premises considered, the appeal is granted. The decision dated 30 August 2001 of Branch 63, RTC La Trinidad, Benguet in Civil case No. 93-LRC-0008 is reversed and set aside. Applicants-appellees heirs of Evaristo Tiotioen’s application for land registration is hereby denied for lack of merit,” the court ordered.
For Tiotioen, he anchored his application for judicial confirmation and registration of title on Presidential Decree 1529 Section 14.
He also declared the parcels of the land was inherited and assessed at P76,840 which had been in open, continuous, exclusive and notorious possession and occupation of the land for the last 50 years.
However, the decision stated there is no sufficient basis to grant the registration of the subject properties.
The appellate courts said the clan failed to cite any government act or declaration converting the parcels of land into patrimonial properties of the state. Moreover, Tiotioen failed to prove that they possessed the subject properties in the manner and length of time required by law.