State has 15 days to comment on lot case

CEBU, Philippines - The Regional Trial Court has given lawyers of the state 15 days to comment on a motion by a Cebu City resident to dismiss the state’s case to cancel the tile of a lot in Sitio San Miguel, Barangay Apas.

Last March 8, the Department of National Defense (DND) filed on behalf of the state a civil case against Mariano Godinez and the Register of Deeds, saying Lot No. 937 belongs to the state and not to Godinez.

Godinez then filed a motion to dismiss the state’s case, saying the state does not have a cause of action and the matter has already been judged and violates the rule of forum shopping.

RTC Judge Estela Alma Singco said Godinez also has 15 days to comment on the state’s comment to his motion to dismiss.

In their complaint, the DND said the subject lot was validly expropriated in 1983 by the state and Godinez was paid just compensation for being the predecessor-interest. Despite an order of expropriation, Godinez allegedly “surreptitiously” filed a petition for reconstitution, which the court granted.

But Godinez argued that the state was “barred” from filing the case because the case was filed beyond the allowable time.

Citing the case Republic versus Court of Appeals, Godinez said “a mere delay of almost 20 years was enough to bar the government from pursuing its claim by reason of estoppels by laches.”

The court reportedly issued the reconstituted title to Godinez on March 1, 1956 or more than 57 years ago.

Meanwhile, the people occupying the subject lot have asked the Supreme Court to stop the implementation of the writ of demolition on their houses. There are about 168 families that occupy the subject lot. The high tribunal is yet to resolve the issue.   (FREEMAN)