Mahiga Creek lots also titled

CEBU, Philippines - After the discovery that parts of the Buhisan River were privately titled, a similar case at Mahiga Creek was yesterday revealed by Cebu City Councilor Dave Tumulak who spearheads an inventory on waterways in Cebu City through the Reduce Danger Zones (ReDZ) initiative of the city government.

Tumulak told reporters that they have found not less than 100 lot titles for lots within the three meter easement zone of the creek that normally overflows during rainy season.

Multiple owners for a single lot title were also discovered.

The data gathering also yielded that most of these titles were technically under barangays Kasambagan and Mabolo.

Documents obtained by the team will be forwarded to the Department of Environment and Natural Resources- 7 for review in order to address the questionably issued lot titles.

“We expect that with the evidence that we got, DENR will act and help us trace how this happened,” he told reporters.

But DENR 7 spokesperson Dr. Eddie Llamedo said their office has yet to see the list of questioned Mahiga Creek lot titles.

“Councilor Tumulak said he will furnish us with the copy of the list.  Incidentally, this is in accordance with the memorandum issued by our Regional Executive Director Dr. Isabelo Montejo Jr. on an inventory of titles issued to rivers and waterways in Central Visayas stressing that those responsible for issuing land titles will be held liable once proven even if those coming from our agency,” Llamedo said.

Investigation reports from the provinces of Cebu, Negros Oriental, Siquijor and Bohol were due yesterday.

He added that this is also in line with the thrust of the agency to make a projection on existing land classification map of the region which comprises the agricultural and natural boundaries of each LGU as well as the cadastral map which identified the political boundaries.

Rama, for his part, wished to have a classification on the “confusion” through a holistic inventory of waterways in order to address the erroneous issuance of lot titles for inalienable public lands to private individuals.

He then called on the help of Integrated Bar of the Philippines and Cebu Young Lawyers Association to provide legal enlightenment and assistance for the full implementation of three meter easement for waterways.

Meanwhile, DENR 7 revealed there are three cases for reversion and cancellation of titles or patents that are up for decision in the regional trial courts in Cebu.

Montejo said that these areas are within foreshore and forest lands which are considered non-alienable or non-disposable based on the projection or verification in their cadastral and land classification maps.

Foreshore lands are a string of land margining a body of water, the part of seashore between the low water line usually at the seaward margin of a low tide terrace and the upper limit wave wash at high tide usually marked by a beach scarp or berm, Montejo explained.

To recall, DENR 7’s Legal Division released the results of the August 12 inventory of land cases up for reversion.

The same report indicated that there are at least 110 in Region 7 with Cebu getting the highest number of 39 cases, Bohol with 31 and Negros Oriental and Siquijor with 13 cases each.

A number of reversion cases have been on appeal at the Court of Appeals (CA) as owners of these lots usually file a motion for reconsideration which would take on for several years. Cancellation or reversion of titles or patents is a civil case.

Montejo explained non-alienable lands includes timber or forest lands, mineral lands, natural parks and no title can be issued over any portion within these areas.

Montejo issued a memorandum last August 12 directing all provincial and community environment and natural resources officers to submit copies of the investigation reports conducted by a land management officer and patents or titles issued along rivers in Central Visayas.

Also, he indicated that roads, public plazas and rivers are considered as public lands which are beyond the commerce of man.

In a related development, Montejo added that for original registration, when no title has yet been issued over a land, it can be acquired either by judicial or administrative proceedings.

Judicial proceedings include filing a petition for registration in court while administrative proceeding is by filing an appropriate application for patent in the administrative body (DENR), said DENR-7 spokesperson Ed Llamedo.

Registration of the patent becomes the basis for issuance of the original certificate of title by the Register of Deeds, he said. —/MBG

 (FREEMAN)