Case filed against 8 men for padlocking Asin Resort
>> Sunday, December 9, 2018
LA
TRINIDAD, Benguet – A complaint was filed with the provincial prosecutor’s
office here Monday for trespassing against eight persons for allegedly entering
the premises of the Sinot Resort in Asin, Nangalisan Tuba and padlocking the
main gate and blocking the way to the residential house of the Sinot family by
installing hollow blocks and cementing it late November.
Respondents were
identified as Juris Awal, Luther and Ian both surnamed Batallier and Randy,
Bryan, John, Jorlyn all surnamed Agumas including a certain Justin
Ramirez.
Karen Sinot in her
complaint said she and her husband Roger got involved in a lengthy court case
which led to a Supreme Court ruling that part of the area was owned by the city
government of Baguio.
Roger
was ordered to vacate the property of 4,344.23 square meters.
Both
parties then had a joint survey to determine where said square meters were
located.
“A conclusive survey was
reached. The survey plan showing the 13-sided polygon was signed by engineer
Marcos A. Badongen of CENRO, La Trinidad; representative, general services
officer Buyucan of the City of Baguio, engineer 1 Fabrico Guyon of the City of
Bagio and Sheriff Joselito S. Tumbaga of Regional Trial Court Office of the
Clerk of Court,” Karen said.
“The survey shows that
the (swimming) pool is split into two – one side is city side and the other is
Sinot side.”
Karen
said “even before the termination of the litigation process (pendency of the
resolution for the motion to quash), the city bid out the Asin Hot Spring
Resort.
Respondent engineer
Juris Awal won the bidding, Karen said in her complaint-affidavit. “There, the Court issued a writ of execution
and it was partially executed. Buyucan and my husband even agreed to put a line
cutting the pool into two. The survey plan is the basis.”
Karen said Roger and
Buyucan agreed that plaintiffs will return on June 5, 2017 to place a wire or
rope in the center of the pools and a tarp over the portion owned by the city
without objection from the defendant.
Karen
said Tumbaga had issued a turnover receipt showing they voluntarily and
peacefully surrendered the property owned by the city government.
But without any
permission from her, Roger or authorized employees, respondents entered their
adjacent property around 6 p.m. of Nov. 29 and started mixing hollow blocks.
“Despite my pleas and
those of my employees, they still refused to stop, Karen said in her complaint.
“The fence blocked the way going to my residence and main store.”
With
these, Karen urged the provincial prosecutor, after due notice and
investigation to file appropriate information against the respondents before
the courts of Benguet.
Following
these, Randy E. Pakew, lawyer of the Sinot couple wrote the city council in
behalf of his clients regarding the issue.
“On Nov. 29, 2018,
employees of the supposed winning bidder together with some officials of the
(Baguio) public order and safety division padlocked the gates and placed a
fence blocking the way to our client’s building. Both the gate and pathway are
outside of the city property,” he told the city council.
Pakeo said in behalf of
his clients, he wanted to know whether a recreation hall in the area labelled
in a city government map is owned by the city of Baguio.
He said, among others,
it seemed the city government is backing off from the joint survey over the
disputed property the latter earlier signed.
“We
request your good office to put down in writing the information we seek,” Pakeo
told the city council.
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