Baguio gov’t still barring Tuba folks from homes

>> Monday, August 7, 2017

TUBA, Benguet – The Baguio City government has not yet taken out a fence and gate it has installed over a disputed lot here early June which it claimed as its own still barring people from entering their homes.
Tuba mayor Ignacio R. Rivera earlier wrote Baguio mayor Mauricio Domogan to take out the fence and gate so affected families at Asin, Nangalisan in Tuba could enter their homes.
“These families have been there since time immemorial and have access to that road 24/7. They are now appealing to you through the undersigned that their right of way and road access to their homes may not be put in jeopardy especially during unforeseen events or emergencies. As a public servant, I am confident that you are with me in supporting and promoting the general welfare of the people,” Rivera told Domogan.
But at press time, Asin folks said the fence and gate were still not taken out. Domogan has reportedly still not answered Rivera’s letter even as two typhoons recently passed and destroyed part of the fence the city government installed.       
Judge Modesto Bahul of the 5th Municipal Trial Court, First Judicial Region, Tuba-Sablan had ordered on June 30 the Baguio City government to explain why it fenced and installed a gate near the entrance of the hydro power plant and Sinot Resort here at Barangay Nangalisan.
In a court hearing, Bahul ordered the city government  through lawyer Reden Dalis, to explain why the city fenced and installed the gate without furnishing the court a copy of the survey plan specifying technical description of the property which it claimed as its own.
In the city government’s reply received by the court on June 13, 2017, the city legal office said there was no need for a court- approved survey plan for a writ of execution over the property the city claimed as its property.
Roger D. Sinot, through his lawyer Francis Rae G. Camtugan 11 earlier told the court a court-approved survey plan was needed so metes and bounds of the city’s property could be determined.
Sinot said the city was claiming its property but the exact location must be ascertained as his property, the Sinot Resort was affected.
In their reply, Camtugan said “when facts and circumstances transpire which would render the execution inequitable or unjust,” this has to be corrected. “The terms of judgment are not clear enough and there remains room for interpretation thereof.”  
Affected folks earlier wrote Rivera in a petition letter urging him to intercede in their behalf considering the Tuba Municipal Assessor’s Office had issued a certification on June 8 saying, “The City of Baguio has no registered property at Barangay Nangalisan.”
 “On June 15, 2017, the security guard locked and chained the gates. He showed us a memo from (Baguio City) Mayor Mauricio Domogan ordering them to padlock the gate at all times to prevent/avoid unauthorized person/group to enter the premises,” residents told Rivera in their letter.
They said memorandum No. 164, Series of 2017 was signed by Domogan on June 6 “ordering all security guards of Sidekick Force Investigation and Security Services Inc. stationed at Asin Hot Spring Resort and Hydro Electric Power Plant in Nangalisan, Tuba to prevent the use of the swimming pools at all times until the City Government of Baguio permits use of the same, monitor and record all untoward incident and report the same immediately to the city government through the City General Services Office and maintain/ monitor peace and order in the area of responsibility. For your strict compliance.”
In their letter to Rivera, residents said they were denied access to their homes. They said the city government violated the Building Code by failing to comply with requirements of the law in relation to Section 213. They said the city government was also not paying taxes to Tuba.
Those who signed the letter included the Claro, Bangao and Sinot families who own lots where their houses stand and surroundings.
The city government fenced the area when it tried to implement writ of execution as ordered by the 5th Municipal Trial Court, First Judicial Region, Tuba-Sablan over a property which the Baguio City government claimed as its own.
Domogan earlier said Roger Sinot, the Indigenous People’s Mandatory Representative –elect to the Baguio City Council should vacate the resort.
Sinot, however said he owns most of the land area in the resort and if ever anybody or an entity like the city government owns any lot in the site, it would be just a few meters. He said he bought the lot from his uncle.   
Camtugan had filed motion to quash writ of execution on June 1 with said court.
The motion asked the “sheriff to furnish copies of the court-approved survey plan and approving such plan to the Philippine National Police and Punong Barangay of Nangalisan for the proper implementation of writ of execution.”             
He asked the court to furnish relevant orders and motives to the PNP headquarters and Presidential Commission for the Urban Poor.
Camtugan said the survey plan prepared by engineer Marcos A. Badongen of CENRO, La Trinidad, Benguet and officer Eugene Buyuccan of the City General Services Office, Sheriff Joselito Tumbaga and Fabrico K. Guyun was not submitted to the court and no order emanated from the court approving the same.
“That is why the attempted execution became chaotic last June 2, 2017,” the motion said. “A city official was ordering our client to stop operations. That is absurd for there is nothing in the writ stating such. The writ reads “the subject parcel of land with an area of 4,34423 square meters located at Nangalisan, Tuba, Benguet with improvements consisting of a swimming pool, bath houses, hydroelectric plant and roads are and surrender the possession thereof peacefully to plaintiff” and it does not include entirety of the resort.”
Camtugan said “even the survey plan prepared by the sheriff shows that only a portion of the resort is affected. Fences were erected in gross violation of the law. The national Building Code penalizes the erection of structures without first obtaining a building permit from the building official assigned in the place where the subject building is located.” 
He said a hearing must he held first since there may be other persons in the subject property.
“There is a need to quash or modify the writ so as to insert the technical descriptions of the subject property with an attached copy of the court-approved survey plan.
Camtugan urged the court to grant his motion and ask the sheriff to submit the survey plan before the court and set a hearing on the approval/modification or determination of the survey plan and issue an order on the matter.
In his motion, Camtugan urged to court to quash the writ and order issuance of a new one.

Judge Bahul granted Camtugan’s motion wherein he ordered the city government to explain the fencing among other matters.


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