CEBU, Philippines — The claimants who padlocked an elementary school in Lapu-Lapu City over a week ago are now demanding a payment of P240 million for the one-hectare land used for the school’s construction by the city government of Lapu-Lapu and the Department of Education.
According to the Alegres’ legal adviser, Atty. Alfredo Bensi, the family insists that only Marciano Alegres, the rightful owner of the land where Abuno Elementary School stands, has the authority to donate or sell the property.
Bensi established that the family’s claim that the Deed of Donation under the name Fructuoso Fuentes, who was the donor of the one-hectare lot, is invalid since he was not the rightful owner of the property.
He added that the one-hectare lot, where the public school is located, remains under his client’s ownership since they have the two original Transfer Certificates of Title.
Regarding the payment, Bensi stated that the current market value is P12,000 per square meter and since the claimed land is 10,000 square meters, multiplying this figure results in a total claim of P120 million that they are seeking from the city of Lapu-Lapu.
That same amount is also what they are requesting from the Department of Education, bringing the total to P240 million.
Moreover, Bensi questioned the city government and DepEd’s claim regarding their possession of a Deed of Donation in the name of Fructuoso Fuentes, who reportedly donated the land in 1966, asking why there is no title for it.
“Duna silay deed of donation and city ug ang division sa DepEd, ang pangutana ngano man nga since 1966 wala man sila nagpa titulo?” Bensi questioned.
“Dili tawn mi mo file og kaso kay titulado ang yuta sa mga Alegres, ang city mao ang mo-file kay tax declaration raman ang inyo,” Bensi added.
Bensi explained that it should be the city government that will file a case for the “Cancellation of the Title,” where they would need to prove the legitimacy of their possession of the Deed of Donation.
As for the Alegres’ title, it reportedly originates from an Original Certificate of Title held by Felix Pangatungan, which was later purchased by their grandfather, Marciano Alegres, who had it transferred, resulting in the TCT now under the Alegres' name.
If the city does not file the case, Bensi said they will file a demand letter addressed to DepEd Secretary Sonny Angara, DepEd-7 Regional Director Salutiano Jimenez, and to the Lapu-Lapu City government.
“Mangayo ko og special investigator ni Secretary of Education (Sonny Angara) nga ipadala sa Lapu-Lapu ug adto mi maghusay sa division office sa Lapu-Lapu,” Bensi added.
Bensi said that their team is 107 percent confident that they will achieve justice for the Alegres because their claim is supported by the law.
In a phone interview with Mayor Ahong Chan, he said that the city of Lapu-Lapu and DepEd have documents supporting their claims regarding the ownership of the land where the public school is located.
Mayor Chan pointed out that the donation of the land occurred in 1966, long before he was born, and said that the Alegres’ should take it to court.
“Only the court can decide if that donation is valid,” said Chan.
The mayor also clarified that the city does not have any court order demanding payment and warned that any informal agreement could raise questions with the Commission on Audit (COA).
On the matter of the potential cancellation of the title, Mayor Chan stated that the government should be the one facing legal action, as it is the one using the land.
“Bali na siya, ang naa sa possession sa yuta karon ang gobyerno. Dapat ang gobyerno ang ilang ikiha kay mao may nigamit sa ilang yuta,” he said.
Chan further urged the lot claimant to just pursue legal action. "Hangyo nako sa ni claim nga owner, go to the court and file a case against the city and DepEd, he said, making it clear that the city would wait for a court decision on the matter. — (FREEMAN)