Mayor sues couple over land dispute

CEBU, Philippines — Carcar City Mayor Nicepuro Apura has filed civil actions against a couple who allegedly refused to vacate the property he already bought from the latter’s parents.

 Apura filed the civil case for unlawful detainer with damages and attorney’s fees against spouses Hernani Cantiberos and Reynelyn Cantiberos before the Municipal Trial Court in Carcar City yesterday.

The filing came a day after Marlene Entienza, sister of Hernani, threatened to sue Apura following their confrontation over claims of the parcel of land located in Sitio Lamakan, Barangay Valladolid, Carcar City.

“Law abiding and civilized people who believe in our justice system, go to court to seek redress for their grievances, this is so unlike others who don’t even have an iota of evidence presented to substantiate their claims and went elsewhere,” Apura said.

Following the sale of Lot 1501 with an area of 2,019 square meters by the heirs of Severo Oberes on December 29, 2017, a tax declaration was issued in favor of Apura together with his wife Mercedita Apura and son Anthony John Apura.

Since the house of the Cantiberos couple was built on the lot, Mayor Apura said they informed them that he already owned the property and verbally asked them to vacate. The couple was even offered a portion for them to transfer.

However, Apura said defendants reportedly refused to vacate despite a final demand.

Apura said that instead of heeding the written and verbal demands, defendants “arrogantly refused to vacate and turnover possession of the subject property to them as owners.”

The matter was brought to the Office of the Lupong Tagapamayapa of Barangay Valladolid but a certificate to file action was issued after the parties failed to come up with a settlement.

This compelled Apura to seek relief in court to order the defendants to vacate the property, to pay the reasonable rent from time of demand up to the time they will actually vacate the premises, to pay exemplary damages of P30,000 and to reimburse Apura’s litigation expenses in the amount of P30,000 representing the acceptance fee and P3,000 as appearance fee and P15,000 for further litigation expenses to be incurred.

Entienza earlier accused Apura of “land grabbing” but the mayor was quick to label this as a form of “harassment” against him.

Entienza claimed that her parents Ernesto and Brenda Cantiberos owned the parcel of land located in Sitio Lamakan, Barangay Valladolid that was inherited from their grandparents.

Entienza said that sometime in 2014, Ernesto gave P25,000 each to her six sisters who are living in other provinces in exchange for their respective shares of lot from their parents.

For reasons of love, gratuity and generosity, the siblings executed waiver of rights and interest over the parcel of land in favor of spouses Ernesto and Brenda.

But sometime in 2017, Entienza said they were surprised to learn that Ernesto’s siblings sold the land to Apura without proper notice.

She said they have been receiving demand letters to vacate the land until Mayor Apura himself went to their house on May 31, 2018 and a confrontation ensued.

Following the incident, Apura said he felt harassed being the new owner of the property and insulted being a mayor by the actuations of the family.

Entienza said she will also file various charges before the Office of the Ombudsman against Apura.—  FPL (FREEMAN)