Province wants case involving lot dismissed

CEBU, Philippines -  The Cebu Provincial Government is seeking for the dismissal of the civil case filed by the heirs of the late Francisco Almario and his wife Felipa Zafra for having no cause of action.

Earlier, the heirs represented by Casiano Almario Jr., filed a civil case for nullification of deed of exchange against the Province of Cebu represented by Governor Gwendolyn Garcia for the recovery of Lot 925-A with an area of 4,741 square meters which was allegedly registered under the name of the Province.

However, the provincial government through lawyer Richie Capahi said the complaint filed against them was baseless.  He added the subject lot located along Gorordo Ave., Barangay Lahug, Cebu City was not transferred under the name of the province but to the City of Cebu.

Lot No. 925 was owned by the couple Almario and Zafra.  The lot was later subdivided into several parcels, among them was Lot 925-A.

Sometime in 1953, the plaintiff said the couple and former governor Sergio Osmeña entered into a deed of exchange involving the parcels of land.

The plaintiff added the provincial government exchanged their three parcels of land with the couple’s Lot No. 925-A. The said agreement was approved by then president Ferdinand Marcos.

However, the plaintiff said the parcels of lot that the Capitol entered into a deed of exchange were issued to another person by using another deed of exchange. With that, the plaintiff said they filed a case for cancellation of the transfer of certificates of lot title Nos. 25177 and 25178 before the court.

The court nullified the title but Almario Jr. said the order was reversed by the Court of Appeals. Their petition for review was likewise denied by the Supreme Court.

Though they did not take in possession the parcels of lot which they entered into agreement by the Province, Almario Jr. said the province still transferred the Lot 925-A under its name.

Almario said they sent a letter to the Province of Cebu asking for a payment of its lot in a fair market value but no reply coming from the province prompted them to file the case.

Capahi in their answer reiterated that the lot was not transferred to the Province’s name but to the City of Cebu.  He added the subject lot was registered under the name of the then Municipality of Cebu now Cebu City last October 1929 or 83 years ago.  – BRP (FREEMAN)