Heirs given 5 days to comment on land row

CEBU, Philippines - The heirs of spouses  Francisco Almario and Felipa Zafra are given five days to file  their comment on the motion for reconsideration filed by the Province of Cebu seeking the reversal of the order of Judge Simeon Dumdum of Regional Trial Court Branch 7.

Dumdum earlier declared lawyer Ritchie Capahi, counsel for the provincial government, in default after he failed to appear in court during the scheduled pre-trial conference of the civil case for nullification of deed of exchange.

Capahi filed a motion for reconsideration.

In his three-page motion, Capahi apologized to the court and the other party for his failure to appear in court during the second scheduled pre-trial conference last Feb. 19, 2013.

“Because of other duties and responsibilities and pressure of work, the scheduled pre-trial conference hearing was inadvertently not put in defendant’s calendar of cases,” he said.

He said it was in the afternoon of that same day that he knew of the hearing after checking the case folder. He added it was not his intention to cause delay in the proceedings.

To support his statement, he cited that he was present on the first scheduled pre-trial last Jan. 21, 2013 but it was postponed because of the shooting incident inside the Palace of Justice.

“Defendant’s counsel appeared and was seen by the Branch Clerk of Court of this Honorable Court Atty. Nicole Marie Cimafranca-Go, who is from the same hometown of the former. Likewise, defendant counsel was also talking outside the Hall of Justice with the opposing counsel during the said incident,” the motion reads.

Capahi added that technicality should not be the basis for the denial of “substantial justice.” 

The heirs, represented by Casiano Almario Jr., filed a civil case 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 and was allegedly registered under the name of the Province.

However, the provincial government, through Capahi, said the complaint filed against them was baseless.  He added that 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 Lot 925-A. (FREEMAN)