Administrator can't sell Mandaue lot, says court

CEBU, Philippines - The 1.3 hectare lot that previously belonged to the Philippine Railway Company in Mandaue City being claimed by a Chinese woman is not for sale, the Regional Trial Court said.

In an order dated March 11, 2010, RTC Branch 8 Presiding Judge Macaundas Hadjirasul said the court has not authorized Lim Teck Chuan, the designated administrator of the lot owned by the late Antonio Lim Tanhu, to sell Lot. No. 27 covered by Transfer Certificate of Title No. (T-17361)-5423 in the said area. The property is located in Sitio San Vicente, Tabok, Mandaue City.

Chuan filed his motion for authority to negotiate and sell and motion for annotation dated February 4, 2010 and February 12, 2010, respectively.

“The Administrator may enter into preliminary talks with the City Government of Mandaue, Cebu, for the possible sale to it of Lot No. 27. . . and to report to the Court the result of said negotiation, copy furnished the oppositors. However, this does not constitute an authority to sell said lot,” the Order reads.

Just recently, Tanhu’s daughter-in-law, Maria Paz Lim, claimed as the rightful heir being the wife of Tanhu’s only son, the late Henry Ngo Lim.

Paz’s claim threatens the close to 200 households for eviction for refusing to pay the offered amount of P2,000 per square meter of their lot actually occupied to be fully paid on or before December 31, 2011.

The residents are now asking for the intervention of Barangay Captain Felix Suico to bring the matter to Mandaue City Mayor Jonas Cortes through the City Legal Office to help trace the real status of the property, which is a government lot but now titled under the name of Tanhu and wife, Dy Ochay.

The residents are willing to own the lot they are occupying for so long by paying it provided the claimant can show proof of ownership for fear that another claimant may surface in the future.

Paz, assisted by lawyer Salvador Solima, has started legal move to acquire the properties of her father-in-law.

Last July 6, 2011, Paz filed Petition/Motion for Leave From Order which Authorized To Sell a portion (24,120 sq.m) Lot 107-B with Prayer for Accounting and Disallowance and Cancellation of the authority to sell against Chuan.

Chuan executed the Order of Absolute Sale of Foghorn, Inc. dated November 15, 2010 the sale of the property located in Agus, Lapu-lapu City in the amount of P120.6 million.

Paz wanted to claim the lot as administrator of the properties of Tanhu and the proceed be returned by Chuan to Foghorn, Inc. — (FREEMAN)