Mayor nixes land titles issued over Busol forest

>> Monday, September 16, 2013


By Paul Rillorta

BAGUIO CITY – Mayor Mauricio Domogan executed an affidavit of adverse claim last week over a 77,849 square meters of prime land which was issued with 22 derivative titles by the Registry of Deeds.

The land which falls under the Busol Forest Reserve is covered by Original Certificate of title (OCT) No. 018-0-162 and established under proclamation no. 15 as a watershed reservation, considered the biggest source of drinking water for the city of Baguio.

The mayor said Oct. 018-0-162 proceeded from land registration case no. 1, rec. no. 211 which has been declared null and void by the Supreme Court in its decision promulgated on July 31, 1973 has not been submitted for validation pursuant to PD No. 1271 and the issuance of the titles were spurious.

“The annotation of adverse claim over the parcel of land covered by OCT. 018-0-162 and all derivative titles is of utmost importance.” he said.

The titles within the Busol Forest Reserve has been discovered when a request to issue tax declarations previously covered by OCT 018-0-162 was received by the Office of the Assessor.

Accordingly, the property was subdivided into 22 lots which was issued TCT’s numbered 018-2013001265 to 018-2013001286.

City Assessor Nilda Navarro immediately forwarded the same to City legal Officer Atty. Melchor Carlos Rabanes for legal opinion stating their concern that the lots are plotted inside Proclamation No. 15 and could put in jeopardy the interest of the city.

Rabanes then advised Navarro not to issue tax declarations over the 22 subdivided lots stating that OCT 018-0-162 is a 211 title under Land Registration Case No. 1 Rec. No. 211 which requires validation under PD 1271 and amended by PD 1311.

Rabanes said, issuing tax declarations covering said lots would be reckless, anomalous and irregular and would certainly cause grave and irreparable damage and injury to the government and to the public.

Rabanes told Navarro to coordinate with the Register of Deeds for the annotation on the purported derivative titles the findings that subject lots fall within the Busol Forest Reserve.

The legal office also tasked Navarro to communicate the findings to the Department of Environment and Natural Resources (DENR) and to the City Council for a joint verification and investigation on the serious concern.

Meantime, surviving members of the Kalomis Clan and original claimants to the Busol Watershed personally visited Mayor Domogan to reveal that they never executed any Deed nor processed any document pertaining to the subject lot and maintained their wish that Busol will remain as a forest reserve.

The heirs intimated filing of appropriate charges to persons involved in processing for personal gain a part of their ancestry.


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