Capitol, 5 public offices sued over property levy

CEBU, Philippines – The heirs of Leopolda Cecilio have filed a civil case before the court against the Province of Cebu and five other public offices seeking for the nullification of the levy and public auction of their real property.

Through lawyer Frederick Gementiza, the heirs asked the court to declare null and void the public auction and other related acts of the defendants claiming the procedural requirements for levying and sale at public auction of Cecilio’s property in Naga City were not complied with.

“There is now a need for this Honorable Court to declare as null and void the levy, public auction and other related acts of the defendants concerning the subject property of Cecilio and for the defendants to correct the valuation and computation of real property taxes on said property,” read the complaint.

Other named defendants were Cebu Provincial Assessor’s Office, Cebu Provincial Treasurer’s Office, Naga City Treasurer’s Office and Cebu Provincial Register of Deeds.

In their complaint, the heirs alleged Cecilio was the registered owner of a parcel of land located in Barangay Uling, Naga City, Cebu, with an area of more or less 64 hectares.

Cecilio in 2007 mortgaged the said property to Alan Trinidad.

However, the heirs said while Cecilio was still alive, the latter was informed by then Cebu Provincial Treasurer Atty. Roy Salubre in a letter dated 2006 that her property was about to be levied and sold at public auction by the Cebu Provincial Assessor’s Office because of its unpaid real estate tax delinquency amounting to  P7,998,655.27.

The heirs alleged Cecilio protested the intent of the Cebu Provincial Treasurer’s Office specifically on the valuation of the property. Cecilio allegedly wrote a letter but defendants allegedly failed to act on it.

The substantial right of Cecilio was impaired, the heirs alleged since the procedural requirements were not complied with, they said.

“In spite thereof and the unresolved issues, defendant Province of Cebu, through defendants Cebu Provincial Treasurer’s Office and Cebu Provincial Assessor’s Office preceded with the levy and public auction of the subject property of Leopolda Cecilio on January 16, 2007, in the City Hall of Naga,” the complaint read.

The heirs said since there was no bidder, Salubre purchased the same in behalf of the Province of Cebu.

In 2008, Cecilio paid the full tax of the property but despite the full payment the provincial treasurer allegedly refused to honor or issue the realty tax clearance.

The heirs asked the court to correct the valuation of the computation of real property taxes on the property and to issue a tax declaration in the name of Cecilio and to accept the payment made by the plaintiffs.

Likewise, the plaintiffs asked for damages P100,000 as actual damages and P50,000 as attorney’s fees from defendants. (FREEMAN)