Wednesday, February 29, 2012

Court junks 2 men’s claim over Anglican Church compound

By Francis Degay

BONTOC, Mountain Province – A local court here ruled against two men who forcibly entered the Anglican Church compound here and declared the area as their property.

Judge Luis Daoen of the Municipal Trial Court 1st Judicial Region here ruled Feb. 8, in favor of the Episcopal Diocese of Northern Philippines against defendants Christian Kanongkong and Joseph Sapki declaring what they did was forcible entry.

The plaintiff was represented by Victor Ananayo of EDNP.

Court records bared the case arose on Aug. 1, 2011 when the defendants intruded the eastern portion of the All Saints compound by planting banana suckers.

` Later on Oct. 16, 2011, the defendants built a small shack near the garage of the GL (Lizardo) Trans.

As a result of this, Fr. Amos Kollin, dean of the Cathedral of All Saints, conducted a dialogue with the intruders but it was futile as the latter insisted their claim on the subject area of around 3,598 square meters.

Hence, on Dec. 5, 2011, the EDNCP filed a case of forcible entry against Kanongkong and Sapki.

Judge Daoen based his decision by giving credit to Torrens Title, Certificate of Title No. 7 issued on Jan. 9, 1914 under the name of the Bishop of the Missionary District of the Philippine Islands of the Protestant Episcopal Church in the USA.

This was later on transferred to the Episcopal Church in the Philippines on Oct 6, 1995.

Moreover, the judge also recognized the improvements made by the Anglican Church such as buildings and other structures within and fences around the perimeter of the lot.

Sometime June 1989, about six claimants including Sapki cultivated a portion of the eastern part of the church lot.

Due to an agreement with the church representatives, the claimants left and stopped their farming activities.

In 1991, Sapki attempted to claim a small portion of the lot but the church didn’t recognize his
declaration.

The area in question is located within the 12,940 square meter lot owned by the Anglican Church.

It houses the Cathedral of All Saints, All Saints Mission Elementary School, an open gym, Sibley memorial hall, two female dormitories, several houses for clergy and diocesan staff and the garage being rented by the GL (Lizardo) Trans Company.

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