1972 title says so: City does not own Inayawan landfill

CEBU, Philippines — With all the controversies hounding the Inayawan landfill, it turned out that the Cebu City government does not own the lot where the property stands, after all.

The Cebu City government, through the Assessor’s Office, found out that the 15.2-hectare Inayawan landfill was part of the 28-hectare titled property under the name of Renato Senining, a resident of the city.

The title was released in 1972.

Mayor’s Executive Assistant Francisco Fernandez said they discovered it when they saw that the property will be transferred to Golden Hectarage Corp. with certificate title no. 107-2018000529, after buying it from Senining.

“Well, kay pagbaligya nila sa Golden Hectarage kinahanglan man sila og bag-ong tax declaration.  So, sa bag-ong tax declaration, mao ng nakahibaw ta (nga) gibaligya diay na nila sa Golden Hectarage,” he told The FREEMAN.

Fernandez said they learned that Golden Hectarage Corp. bought the property last year.

In the original certificate of title, the said property was owned by Senining with a sale patent number 3098 titled on November 10, 1972.

Because of this, Mayor Tomas Osmeña filed an adverse claim before the Cebu City’s Registry of Deeds for the reversion of the title last January 25.

In his affidavit, he said that the city government has been utilizing the property since “time immemorial.”

“It would appear that the city had been in possession of the Inayawan Sanitary Landfill site for more than 30 years, such possession being open, continuous, notorious, adverse, and in the concept of the owner would grant the city rights over the property upon possession, such that the city is initiating steps to acquire the said property from the National Government,” portion of Osmeña’s affidavit read.

He added that in 1982, the city government started to possess the property for the construction of landfill facility with the assistance from the Japan International Cooperation Agency (JICA).

Osmeña has attached the tax declaration of the city government.

Osmeña said the buyer cannot transfer the property because the city government will be making representations before the Office of the Solicitor General to revert the title.

“As such the city government shall be making representations with the Office of the Solicitor General for the initiation of reversion proceedings,” it added.

Fernandez said they are taking legal actions to lodge their protest that the city government is in possession of the property ever since.

“Gi-protest nato na kay we have been occupying that landfill since time immemorial, nganong natitulohan ug nganong karon lang nigawas,” he said.

Cebu City Environment and Natural Resources Office Head Ma. Nida Cabrera was curious with the recent discovery that there is a private individual claimant of the Inayawan landfill property.

“Ang among nahibulngan nganong nakapalusot sila. Amo pa nang gi-research karon how come naay claimants,” Cabrera said.

Meanwhile, Full Advantage Philippines will be submitting the proposed closure and rehabilitation plan for the landfill to the City Council next week.

Cabrera said the negotiated firm has done finalizing the rehabilitation plan following to the approval of the Solid Waste Management Board (SWMB).

“Naa mi gi-correct sa volume of garbage nga kuhaon from the landfill para sa remediation, then ang perimeter fence pud nga gi-identify, so circumferential gyud siya,” she said.

For remediation, the height of the trash will be capped at four meters, while they would also be constructing a fence of the same height. — GAN (FREEMAN)