Coop exec accuses Capitol, court of delaying tactics

CEBU, Philippines - An official of the Langub Kalunasan Multi-Purpose Cooperative has denounced the dilatory tactics allegedly employed by the Capitol and the court in the implementation of the latter's earlier decision allowing the sale of the province-owned property located in Barangay Kalunasan, Cebu City.

LKMPC chairman Antonio Canoy issued the denouncement after the supposed mediations were postponed three times already.

"The rule of man instead of the rule of law aron matuman ang ilang kabubut-on nga nasupak sa rule of law in connivance sa judiciary maong ni-prosper ang delaying tactics," Canoy said.

Lawyer Ritchie Capaje, Capitol's lawyer, could not be reached for comment.

Municipal Trial Court in Cities Branch 6 Judge Pamela Baring-Uy has set another mediation between LKMPC and the Province of Cebu on January 22, 2015 after Capitol lawyers failed to appear last December 19.

 "Gusto unta nako ila nalang i-revisit sa Capitol nga wa naman na'ng kasoha, di man gyud na angay kasohan ang cooperative under Republic Act 9520," Canoy said.

 Sometime in 2010, the Capitol lost its case when Regional Trial Court Branch 18 Judge Sylvestre Maamo ordered the provincial government not to demolish the cooperative-owned building.

Maamo also ordered the Capitol not to stop the LKMPC from operating a deep well in the site.

The property dispute started in 2003 when LKMPC dug a deep well just as the province, during the administration of former governor Pablo Garcia, passed a resolution intending to sell the property.

When Garcia's daughter, Gwendolyn, took over the Capitol in 2004, the cooperative asked the Capitol through a letter dated Sept. 27, 2005 if they could buy the land but the letter was unanswered, prompting the cooperative to build a two-story structure for their offices.

In 2008, Garcia filed a case for the recovery of possession of the lot in dispute and ordered the demolition of the structures thereat.

 In her decision dated March 12, 2012, Judge Baring-Uy granted the Province of Cebu the recovery of the lot and ordered LKMPC to vacate the portion of the said property and to pay P500 a month as reasonable value for the use and occupation of the property, starting from October 14, 2010 until the property is vacated.

 Canoy earlier sent an open letter to President Benigno Aquino III complaining against Baring-Uy whom he accused of rendering unjust judgment.

 When Governor Hilario Davide III assumed office last year, Canoy asked that the lot be donated to the LKMPC.

 Canoy also met with Vice Governor Agnes Magpale to personally convey his appeal to the PB to authorize Davide to execute a deed of donation for the 30-square-meter property pending settlement of the case in court.— (FREEMAN)