Supreme Court affirms church right to disputed lot

By Gina Dizon

SABANGAN, Mountain Province -- It’s final. The Supreme Court ruled that the Episcopal Diocese of Northern Philippines (EDNP) is the lawful possessor of the lot earlier locating Peter’s Church here in Barangay Lengey.

This, following the motion for reconsideration filed by the Solicitor-General seeking the reversal of the Supreme Court’s decision last Dec. 15, 2009.

The highest court of the land earlier affirmed that the Church is the lawful possessor of the land on which St. Peter’s Church once stood; and that the Mountain Province district engineer and private contractor illegally intruded into the property in 2005, demolished the church building and constructed a gymnasium.

The Supreme Court in its Feb. 24, 2010 resolution declared that no further motions shall be entertained in the case and directed entry of final judgment.

In their latest decision, the SC declared the evidence of EDNP “clearly shows how it came to possess the lot in question.

It acquired the land through a deed of donation that Pedro Compalas Aglipay executed in favor of EDNP’s predecessor- in-interest, the Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America.

The EDNP, the SC ruled, has long declared the land in its name for tax purposes. And it continued to use the land from 1960 to the time the suit was filed, as evidenced by the baptismal records it kept, its register of activities, as well as the affidavits of witnesses.

While the property was admittedly also being used as a public playground, a market place, and a parking lot, this did not make the people of Barangay Poblacion the owners of the land.

Besides such additional uses are not inconsistent with EDNP’s claim of ownership since the Episcopal Church in the Philippines almost always opened its lands to public access and use.”
The congregation of St Peter’s Church earlier consistently opposed the public gymnasium built by the district office of Mountain Province-Department of Public Works and Highways.

The gymnasium project was funded from the Priority Development Assistance Fund (PDAF) of the late Congressman Victor Dominguez.

The EDNP forwarded a complaint for forcible entry to the Municipal Trial Court of Sabangan-Bauko. The Municipal Court resolved the complaint in favor of the Church and ordered construction to stop, till the case reached the Supreme Court.