Heirs claim ownership of lot occupied by school in Naga

CEBU, Philippines - A civil case has been filed before the Regional Trial Court to regain possession of a portion of lot which is also claimed by the Naga National High School.

The heirs of Roberto Rivera filed a civil case against the Department of Education (DepEd), Naga National High School, Eulogio Villarta and Department of Environment and Natural Resources (DENR)-7.

The Rivera heirs, Felicisima, Restituta, Dario, Geronima and Brenda, through counsels, filed a civil case for the annulment of Cadastral plan and Subdivision Plan Number Csd-07-004991 and for Survey Authority against the defendants.

In their complaint, plaintiffs claimed that on or before year 1950, their father Roberto, acquired and owned a parcel of land situated at the back of Naga Elementary School, Poblacion, Naga City with an area of more or less 9,220 square meters.

“That parcel of land was covered by Tax Declaration No. 05736; series of 1950, which was cancelled by Tax Declaration No. 23525; series of 1967,” complaint reads.

The plaintiffs said that after the death of their father, they acquired the property through succession and transferred the tax declaration under the name of heirs of Roberto Rivera.

In 2007, plaintiffs said they executed an extrajudicial settlement and adjudication of the lot before Notary Public Alfonso Sarmiento.

The plaintiffs pointed out that on or before1950, the Elementary School building of Naga City was constructed and erected in the portion of land owned by Cesaria Vda de Longakit with an area of more or less 27,500 square meters covered under tax Dec. No. 026224 series of 1967.

However, plaintiffs said that without their knowledge, the lot owned by Longakit was already acquired by the Naga City.

They added that sometime in 1988, the said lot was donated to the DepEd formerly known as Department of Education, Culture and Sports (DECS) as indicated in Tax Dec. No. 21327 with 50,473 square meters.

However, plaintiffs alleged that since the lot was acquired by Naga City then donated to the DepEd, the size of the portion of the was increasing.

“Obviously, the area of the aforesaid Tax Dec. No. 21327 series of 1988 was substantially increasing from its previous, indicated in Tax Dec. No. 01234 series of 1985 which is 37,240 square meters to 50,473 square meters,” complaint reads.

Plaintiffs alleged the survey conducted in Lot 525 of the Cadastral Survey no. 747-D of Naga Cadastre and Subdivision Survey No. Csd-07-004991 and approved on May 25, 1995 was erroneous.

They claimed they were not informed about the survey resulting to their parcel of land being mapped out and “absorbed and sucked up as part of Lot 525.”

The subdivision plan of Lot 525 was done by the Naga National High School and Eulogio Villarta.

“Worst, defendant DepEd, through Naga National High School, is now claiming ownership thereon solely based on said erroneous surveys without any legal basis,” complaint reads.

The Rivera heirs said that due to the “erroneous survey” they are now asking the court to direct the Regional Technical Director for Lands to issue survey authority to resurvey Lot 525 to determine the accuracy of the land owned by the defendants and the complainants. (FREEMAN)