SC upholds dismissal of raps vs. Cebu City

The Supreme Court has sustained the appellate court's decision dismissing the case filed against the Cebu City government and the Metro Cebu Development Project for alleged forcible entry into a private property in barangay San Roque, Talisay City, while developing the South Reclamation Project.

The family of Sofia Canton filed the case first at the Municipal Trial Court in Talisay City where she got a decision in her favor.

The case was then brought to the Regional Trial Court where Cebu City and Metro Cebu Development won, but Canton elevated it to the Court of Appeals.

The appellate court rejected Canton's appeal on a technicality, prompting her to elevate it to the high court. The SC however ruled: "A party who seeks to appeal must comply with the law's requirement, otherwise he forfeits his privilege."

It added: "Rules of procedure may be relaxed only to relieve a litigant of an injustice, which is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedures."

At the MTC-Talisay City, Canton sued Cebu City and Metro Cebu Development personnel for forcible entry into her property contending that they unlawfully entered her property and destroyed the fence.

Cebu City and Metro Cebu Development at the time were doing reclamation and development works on the 295-hectare SRP, now known as South Reclamation Properties.

Canton, represented by her co-administrators Macaraeg Canton Jr. and Juan Bolo, contended that her property is in barangay San Roque in Talisay City and, thus, outside the reclamation project. She even showed a tax declaration to prove her argument.

However, lawyers of Cebu City and Metro Cebu Development countered that the Canton family had no right of ownership and of possession over the lot in question.

Canton eventually won her case at the MTC, prompting the counsels of Cebu City and Metro Cebu Development to go to the RTC where they got a reversal of the municipal court ruling.

The RTC declared that the disputed area should be deemed a part of public domain because it is a foreshore land that is not subject to any lease agreement between the government and any private individual.

It also ruled that the act of MCDP and Cebu City personnel in removing the fence placed by Canton cannot be considered forcible entry.

Canton elevated the matter to the CA but this was also rejected because of failure to attach the required documents for the case.

Her lawyers moved for reconsideration but they just criticized the RTC ruling instead of complying with the provisions of the rules of court.

When Canton raised the case further to the SC, she got a similar ruling that upheld the appellate court's decision. - Rene U. Borromeo