Sagada park lot ownership pits ‘owners’, gov’t execs

By Gina Dizon and Dexter See

SAGADA, Mountain Province -- Some private owners in this mystical town deplored alleged land grabbing and harassment by purported private claimants, reportedly in connivance with local officials, to own prime lots, one of which is a 5-hectare land where the Kiltepan View Deck is located.

The disputed lot, ritual site among the people of  Sitio Kiltepan here was reportedly sold by former congressman Alfredo Lamen to a third person but claimants are contesting land ownership.

Lot buyer and businessman Wilson Capuyan said the lot is private since he bought the lot from Lamen in 1993 with deed of sale and the boundaries identified.

The lot identifies Lamen property north and west, east by Padkayan, and on the top a lot housing a telecommunications tower.

The Kiltepan view site  is located on a hill overlooking barangays Kilong, Tetep-an Norte and Sur, and  Antadao. 

The site is visited by a number of tourists due to its serene location offering a beautiful site to the Kiltepan rice terraces and a perfect view during sunrise.

The night is also a perfect getaway for bonfires, and a picnic site during daytime.

The park is reached via a winding dirt road starting from a section of the Dantay-Sagada road diverting on the side to the view site.

Based on sale documents, an application for Certificate of Ancestral Land Title (CALT) was filed by Wilson Capuyanwith the National Commission on Indigenous Peoples.

NCIP regional director Sancho Boquing reportedly favored issuance of a CALT based from submitted documents including reports from NCIP-Mountain Province, despite protest from Kiltepan elders.

Among elders and leaders from the four Kiltepan barangays of eastern Sagada however,  theysaid they wanted the picnic and ritual site to be managed by the local government unit.

Elders also favored issuance of a tax declaration on some other parts “not otherwise contested,” according to councilor Kapon Gomgom-o who hails from Kilong who cited elders’ resolution issued August 2010.

Earlier municipal ordinance  01-2009 was passed by  the  Sangguniang  Bayan of Sagada  declaring the Kiltepan  view deck as  a community park  and  “recognizing  the same as public property.”   

The same was junked by the Sangguniang Panlalawigan of Mountain Province.

Comes now the demolition of a newly constructed gate by  barangay officials led by acting barangay captain Mark Abad of Poblacion Sagada,  Tetep-an Norte barangay chairman Alas Bagsingit,  Tetep-an Sur  barangay  captain BasilioOwatan, former Antadao  barangay chairman Anastasio Domling  and other identified tourist guides, with  the presence of a certain Robert Pangod, secretary of Sagada mayor Eduardo Latawan Jr. and Fely “Yakabbaw” Capuyan Omengan, sister of Wilson.

Capuyan said the gate initially of wooden materials and sliding bamboo bars was constructed years ago by his family and permanent improvements introduced April this year to to prevent cows from entering and destroying plants on gardens on the other side of the fence.  

He said the key to the gate was available for guides who wanted to bring visitors for camp fires.   

The Kiltepan road where the demolished gate was located was part of an additional one hectare property bought by Capuyan from Lamen through heirs Graal  Lamen Militar and  Alfredo  ‘Bingky’ Lamen Jr.

Transfer documents from Lamen do not include a road-right-of-way thus making the road private property Capuyan said. 

Some parcels in said one hectare lot were contested in a court case by “Yakabbaw” and resolved in an amicable settlement.

Another two hectare lot was purchased by Capuyan from Wilfredo ‘Liling’ Sumedca within the Kiltepan area which led to some portions being claimed by spouses Samuel Dawas Jr and Josephine Dawas from Kilong.

Case for annulment of tax declaration with recovery for possession was filed by spouses Dawas on March 2013 against Capuyan which eventually led to the issuance of a May 2013 order for preliminary injunction restraining Capuyan from building new houses within subject lot.

Said order however allowed Capuyan to introduce improvements on an already constructed house  and plant  trees and other  crops while Capuyan was presumed owner pending case on ownership of  said lot. 

Some parts of the Kiltepan picnic grounds were claimed by Francis Maleng-an from Kilong who filed case on annulment of  documents and quieting of title on July 2012.  

Said case reached inhibition of Sagada-Besao municipal presiding Judge Hugh Gayman and Bontoc presiding Judge Luis Daoen.

There was no presiding judge yet assigned to take on the case.  

Capuyan said the "purchased lots have not been disturbed nor people complained since 1962 when Kiltepan lots were claimed by Lamen and till  we bought lots in 1993 onwards. It was only in 2010 when we introduced  improvements that complaints came about," he added.

               

One of improvements introduced by Capuyan was a coffee shop from renovation of an old structure initially used  as telecommunications tower by the Bureau of Telecommunications built on a  400 square meter lot donated by Lamen to the said agency  in 1982 but eventually abandoned thus making the ownership of the lot revert to donor Lamen.

Said lot was eventually bought by Capuyan.     

While controversy hounds ownership and claims of some parts of the Kiltepan lot for a public park, some quarters asked whether the Kiltepan picnic grounds lot could be donated as a community park.

Capuyan said “No”, but added the park is open to the public.  

Wilson Capuyan, had denounced demolition of the gate and old wooden fence that were constructed within their property by Pangod, and Fely “Yakabbaw” Omengan as well as barangay captains of barangays Kilong, Tetep-an and Antadao, together with their hired group.

 We are surprised why some individuals, who are being supported by influencial local officials, are desperately doing acts that obviously show their clear interests over our property which we bought from the Lam-ens and Sumedcas since 1962,”Capuyan said, adding the act of demolishing the gate and the fence of their property was also in violation of a court order issued regarding the issues over the property and without the appropriate documents from the court or the municipal government, particularly the required demolition order among others.

  

In a 2-page order dated May 8, 2013, Judge Luis A. Daoen of the Municipal Circuit Trial Court (MCTC) of Besao-Sagada pointed out the existing improvements introduced by the Capuyans over the property which is being contested can no longer be restrained or enjoined and what is to be enjoined is the construction of a new house or building.

            

“Repairs, renovations and paintings of existing structures are not to be restrained because they are improvements to preserve the existing structures. Planting of fruits on the land is allowed because the defendant is presumed the lawful owner or possessor until his right is defeated by the plaintiff,” Daoen stated, citing that to allow the defendant to erect a new building or to enlarge his existing house during the pendency of the case would probably work justice to the plaintiff.

            

According to Capuyan, the gate and the fence were erected before the issuance of the court order purposely to protect the property from the unabated entry of wayward cows that effect damage to the plants in the area and that people, local residents or visitors, could freely enter the property through the side gate in order to enjoy the scenery considering that it is one of the tourist destinations in the town, thus, there was no intention on their part to totally close their property to the visitors wanting to spend a break in the area.

            

Wilson’s son Bernard and his children witnessed the unauthorized demolition of the gate, which was their first project, and said they were deeply saddened why their grandmother, “Yakabbaw,” was the one instigating the removal of the gate and fence with Pangod beside her.

            

From the years 1962 to 1970, the Lam-en family reportedly bought a total of 31 hectares of land from various individuals from barangays Kilong, Tetep-an andAntadao. In the 1980’s, the family then built roads leading to and within their property and even levelled portions thereof, including the highest point as well as built Igorot-inspired houses with pig pens.

            

In 1982, the Lam-en family donated some 400 hectares of their property to the Bureau of Telecommunications where several telecommunication towers were built that facilitate the use of telephones within and outside the province that time but the aforesaid lot reverted back to the family after several years when the telecommunication facilities got burned and that the area was not utilized for its donated purpose by the said office since the 1990s.

            

Despite the introduction of improvements by the Lam-en family and the bureau of Telecommunications to the property, it can be noted that there were no complaints that were filed before the concerned barangays or the courts in relation to questions of ownership of the property.

            

In 1993, Capuyan was able to perfect the purchase of the adjacent property and in 2008, his family started building their cottage and planting various tree species within the property that they bought but no complaints were filed against them that time.

            

In January 2010, complaints started to be filed claiming ownership of the property where there individuals simultaneously filed their claims over the same.

            

Worst, Capuyan said, the municipal council passed Ordinance No. 01-2009 declaring the property as a public property without even consulting the legitimate owners of the property of the Lam-ens and Sumedcas that was bought by the Capuyan family.

            

Capuyan said aforesaid facts clearly illustrate their legitimate claims over the area and that the acts being employed by some private individuals, who are in cahoots with some local officials, are blatant land grabbing efforts.

Capuyan narrated he bought 3 hectares of his 5-hectare property from the Lam-ens while the remaining 2 hectares was bought from the Sumedcas in 1962 and that he had been religiously paying the taxes of his property to the local government.