CEBU, Philippines — An elementary school in Barangay Pajac, Lapu-Lapu City was padlocked by the heirs of a certain Marciano Alegres, allegedly because land where the school stands is theirs.
If this do not get resolved today, school children would not be able to attend classes tomorrow.
The Alegres family members claimed that the one-hectare lot is their private property, which was why they padlocked it Friday morning.
In a phone interview with The Freeman, Noel Alegres Cosep, the man who padlocked the elementary school, said they were forced to take this action because the Lapu-Lapu City Government ignored their requests.
“Kaming tanang mga heirs of Marciano, nagkahiusa mi kay tungod gibaliwala ang among hangyo diha sa City of Lapu-Lapu. Wala nila gihatagan og gibug-aton,” he said.
Lapu-Lapu City Mayor Junard “Ahong” Chan, on the other hand, said that the city government has in its possession a deed of donation, which was notarized in 1966, for the property.
He said the City Council also passed a resolution, signed by then mayor Mariano Dimataga, declaring that the lot was donated to the government.
Chan also said that the Department of Education (DepEd) Lapu-Lapu City Division, also has documents showing that the lot is owned by the city.
“Kato nga property donated gyud siya. Na-surprise lang ta nga wala kuno na-donate ang maong property,” Chan told The Freeman, in a phone interview.
Chan said the Alegres should instead seek legal action to determine the real property owner, rather than deciding to padlock the school.
“So, dapat ipaagi og husgado aron mahukman kung kinsa ba gyud ang tag-iya. Dili kay ingon ani nga paagi nga padlock-kan. Aduna kitay husgado nga atong tahuron ug respetohon,” he said.
Asked about what the heirs requested from City Hall, Chan said they demanded that the city government pay the lot but the city has not received any court decision for it to do so.
“Di man ta kabayad og walay court order. The school was used for more than six decades, ang atoa lang if the court will decide nga kinahanglan bayran sila, so ma-obligar ang city,” Chan explained.
He said the padlocking of the school was illegal since the Alegres do not have an order from the court.
“Since ila man nang gihimo, we will leave it to the lawyers kung unsa ilang recommendation regarding that matter,” the mayor said.
Cosep said that before what they did last Friday, they sent two letters to the city government. The first one, he said, was sent last September requesting a meeting to discuss the matter with over 100 heirs of Marciano Alegres.
He said they did not get a response, so they sent another, this time demanding for the closure of Abuno Elementary School.
“Gusto unta mi na magpa-open forum unta sa government, sa mayor ug sa iyang mga konseho, nga maminaw mi sa side og unsay amo nga mapaminawan pud sa isig-side,” Cosep said.
He said that since they received no response, they decided to lock the school so that the city government would finally take notice.
“Kay sa among pagpadala nilag suwat ug notice nga para na unta tagaan mi’g aksyon, dili maabot ingon ato sa pagpang-padlock kung gitagaan pa lang mi nila’g pagtagad,” Cosep said.
Chan, however, denied Cosep’s claim, saying the city indeed received the letters and that a meeting was already held, with Lapu-Lapu City Legal Counsel James Allan Sayson, Department of Education (DepEd) Lapu-Lapu City Division Lawyer Mai Ruñez, and the Alegres' legal team in attendance.
“Dili na tinuod, dili na siya tinuod.... Nag-sit down gyud na ang mga attorneys,” the mayor said.
According to Cosep, the dispute revolved around the legitimacy of a “20-year-old deed of donation” signed by a certain Fructoso Fuentes, whom Cosep claims has no connection to the Alegres family and no legal ownership of the land.
He said they applied for a land title in 2006 and obtained a Transfer Certificate of Title (TCT) in 2017, with Marciano Alegres as the rightful owner of the property.
“Pag-January 18, 2017, time was 10:15 a.m., nalutsan gyud mi og Certificate of Transfer of Title, nga nagngalan ni Marciano Alegres, married to Cornella Amit (as owner). Kini, way bisag usa nga na-annotate or dunay ni-adverse claim sa kanang title nga nigawas,” Cosep said.
He also claimed that the heirs also reached out to the Department of Education (DepEd), including its regional and division offices, to talk about the matter, but no action was taken.
As to what happened last Friday, Pajac Barangay Captain Bonifacion Ompad, Jr. told The Freeman that around 9:37 a.m., Cosep and seven others padlocked the school.
At 2 p.m., Abuno Elementary School Principal Airene Godinez what happened at the barangay hall.
Ompad said the security agency guarding the school also filed a report because a security guard, whose shift was from 6 a.m. to 6 p.m., got locked inside the school premises because of what Cosep did.
Ompad said he then sought the assistance of the Lapu-Lapu City Police Office Police Station 2, but Cosep declined to remove the padlock and open the school gate.
He said that Cosep offered the lady guard that she can get outside before they padlock the gate, but she refused because she was still on duty at that time.
Ompad said that when Cosep did not show up to remove the padlock of the main gate at 6 p.m. last Friday, they decided to destroy the padlock of the small side gate so the lady guard could go home.
He said he would seek advice from the City Attorney’s Office if there is a need to open the main gate padlocks himself, especially since classes would already resume tomorrow.
“Og kinahanglangyud putlon (ang kadena), putlon nako,” Ompad said.
The school children, though, could use the side gate since Ompad already removed its padlock.
As, as of 5 p.m. yesterday, the main gate of Abuno Elementary School was still padlocked.
“Ningsaad sila hangtod karon ila kunong ablihan. Hapon nalang wala pa man, wala gyud nila ablihi pa,” Ompad said.
On the other hand, Ruñez said that they will set a meeting with the City Legal Officer James Allan Sayson tomorrow to discuss the filing of the necessary motions in court for the opening of the gate.
“First thing in the morning…para makaguba mi sa ilahang padlock, if dili gihapon nila voluntarily og open,” said Ruñez.
Ruñez said that they are planning to possibly file against Cosep and his companions a complaint for grave coercion.
“Instead of going to court sa katong ilang claims, sila nay nagbutang sa balaod sa ilang mga kamot, which is ang pag-padlock sa school,” she said.
Ruñez narrated that that two weeks ago, Cosep’s son-in-law informed Abuno National High School Principal Angelita Pagobo that their family would lock the school gate when the weekend of that week would come.
Alarmed, Godinez and Pagobo coordinated with Sayson to ask for assistance.
Ruñez said Pagobo also called Cosep over the phone and warn ed him that if he would really do it he would end up facing a case in court.
“Na-inform na nga ilegal gyud, mapugos ang city og file if dayonon. Kumbaga, nahatagan na gyud sila og heads up or forewarning about it,” said Ruñez.
“Nainform si Noel Cosep about ana, nagkaistoryahanay gyud sila ni Atty. James Sayson sa cellphone, katong time nga diha mi sa office ni atty.,” she added.
Ruñez said Cosep’s plan did not push through that weekend, likely because police officers and barangay peacekeepers patrolled the vicinity.
“Among pangagpas lang ani, ila lang gihuwat nga mura’g ingon ani, kini nga situation nga holiday unya walay tao ang eskwelahan,” she said.
“So, karon ilang gikuanan og timing, nga wala nakapangandam ang eskwelahan kay holiday,” Ruñez added. — (FREEMAN)