Lawyer warns Talisay against selling property

CEBU, Philippines - A former Provincial Board member and a lawyer has warned that he will sue Talisay City if it uses the lot where the Tabunok Public Market is for other purposes or sell it.

Raul Bacaltos, in an interview with the media, said the city should “honor” what is in the deed of donation, otherwise, it must return the property to the Nacarios, the original owners.

A multi-million public market-cum-terminal in barangay Lagtang is already nearing completion, and it shall be ready for use at the last quarter of this year, as earlier revealed by City Councilor Rodi Cabigas. And reportedly the city has already been entertaining ideas with regards to what to do with the old public market in barangay Tabunok. The facility, which also includes a two-story building and a tricycle terminal is 13,553square  meters.

It can be recalled that in September 2008 Rustan Supermarket expressed its interest to lease or buy the property.  But for some reason, Rustan decided to abort the plan and instead built a supermarket in the next barangay, at the Talisay City Central Square.

Bacaltos said he would not be surprised if there are other firms that have already expressed interest to have the property considering its vantage location. But he said if the city would agree to dispose of the property he would not hesitate to file a case against it and those who would be party to the deal.

The lawyer reminds the city government that under the deed of donation, which was signed during the time of the late Mayor Rafael Rabaya Sr in the 1950’s, the lot “should only be used for a public market,” and that if it would divert its use, the deal would become null and void, hence, the property would be returned to its original users, the Nacarios.

The strength of the deed of donation still stands firm up to this day, and proof of which is the dismissal of the case filed by the Nacario heirs who wanted to reclaim the property in 1993, he said. Bacaltos said the courts still “honors” what was stated in the document, hence the city government should also do the same.

Bacaltos, who was defeated by Fernandez last election, has also lamented the multi-million peso spent for a Lagtang new public market, when the city could do well with the old one in barangay Tabunok, or construct a two-story building there if there is a need to expand.

Considering its location, Bacaltos believes that the new public market is “not a viable location for small vendors.” (THE FREEMAN)