CEBU - Cebu City Mayor Tomas Osmeña decided to pay the lot owned by the late Matilde Palicte that was expropriated by the city for its urban poor project in 2001 after the Supreme Court finally resolved the controversy involving the property ownership.
But Osmeña said the city officials may ask the heirs of Palicte to allow that the payment of the P20.3 million be made through installment basis.
The mayor said he is willing to comply with the Supreme Court’s ruling that Lot 1049 is among the properties owned by Palicte in barangay Capitol Site and not by the Estate of Don Felimon Sotto. The records showed that Felimon Sotto is Palicte’s father.
City attorney Rodolfo Golez — in one of the court hearings involving the garnishment of the city’s funds to satisfy the payment of the lot — offered that the city will only pay the principal amount of P14 million.
Golez’ offer to the heirs of Palicte was not accepted during the court proceedings because he made it without the blessings of the City Council.
The records showed that since the city did not immediately pay the principal cost of the land, it earned an additional P6.2 million in interest for the past years.
One of the reasons why the city did not immediately pay Palicte the amount of the lot is that Osmeña believed that the P4,500 per square meter rate is very expensive and that many of the urban poor may not be able to pay for it.
While the city was already convinced to pay the price, another controversy cropped up when the estate of Don Felimon Sotto also claimed ownership of the more-than-half-hectare lot that is now occupied by more than 200 urban poor families.
But only last week, the Supreme Court has ruled that Palicte is the real owner of the lot, saying that “Matilde Palicte’s exclusive ownership of the subject properties became final and executory.”
The High Court said the probate court was correct in setting aside the motion to require Palicte to turn over the subject properties to the Estate considering that Palicte’s title and ownership over the subject properties have already been upheld in previous final decisions and order.
The regional trial court has already ordered the city to pay the P20.3 million to the heirs of Palicte and even froze the amount of funds at three depository banks of the City Hall. — Rene U. Borromeo/MEEV (THE FREEMAN)