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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