MCIA or­dered to pay for lots it used

The Freeman - - FRONT PAGE - Lor­raine Mitzi Am­brad

The Supreme Court has or­dered the Mac­tan Cebu In­ter­na­tional Air­port to pay P482,772,600 to Richard Uchuan as monthly rental of the two lots de­cided to be legally owned by the lat­ter.

The de­ci­sion is deemed “fi­nal and ex­ecu­tory” and has been recorded in the Book of En­tries of Judg­ments.

“Mac­tan-Cebu In­ter­na­tional Air­port is or­dered to pay the sum of P20 per square me­ter per month as rental for use of the prop­erty reck­oned from the time of fil­ing of the com­plaint un­til its fi­nal pay­ment for the same,” reads the En­try of Judg­ment.

In com­ing up with the amount, the to­tal size of the two lots, which is 149,930 square me­ters, is mul­ti­plied by 161 months (March 2004 to Au­gust 2017).

The amount is fur­ther ex­panded to P12,069,465 if the law­ful fees re­quested by the other party is to be in­cluded.

A copy of the no­tice was also sent to the stake­hold­ers of the air­port.

“GARNISHMENT is hereby made upon all the goods, ef­fects, stocks, in­ter­est in stocks and share, and any other prop­er­ties in your pos­ses­sion or un­der con­trol…

suf­fi­cient to cover the said amount men­tioned in the writ of ex­e­cu­tion,” states the no­tice of garnishment.

Back in March 2004, Uchuan filed be­fore the Re­gional Trial Court a com­plaint for par­tial dec­la­ra­tion of nul­lity of the Deed of Ab­so­lute Sale.

In his com­plaint, Uchuan al­leged that he is the right­ful owner of two lots, which was reg­is­tered to the heirs of Eu­ge­nio Godinez.

He fur­ther said that Atana­cio Godinez sold both lots to the Civil Aero­nau­tics Administration (CAA), the pre­de­ces­sor of MCIAA. Godinez is the At­tor­ney-in-Fact of all the reg­is­tered own­ers and heirs.

It was found out later that the reg­is­tered own­ers and heirs did not au­tho­rize Godinez to sell the prop­er­ties. More­over, they did not re­ceive pay­ment “de­spite prom­ises that they would be paid”.

In ad­di­tion, the Deed of Sale did not have the sig­na­ture of the CAA rep­re­sen­ta­tive and there’s no proof that the Depart­ment of Pub­lic Works and High­ways ap­proved the sale.

Tak­ing these grounds into con­sid­er­a­tion, the Supreme Court “af­firmed with mod­i­fi­ca­tion” the prior de­ci­sions of the lower courts namely the Court of Ap­peals (CA) and the Re­gional Trial Court (RTC).

“The Deed of Sale signed by Atana­cio Godinez alien­at­ing the lands de­nom­i­nated as Lot No. 4810-A and Lot No. 4810-B in fa­vor of MCIAA is VALID, in so far as his un­di­vided share in the said lots is con­cerned, but VOID, in so far as the un­di­vided shares of the other reg­is­tered own­ers, who did not sign the deed is con­cerned,” the de­ci­sion reads.

Ini­tially, the Deed of Sale signed by Godinez was gen­er­ally deemed VOID by the lower court, but the same was mod­i­fied.

MCIAA is also “di­rected to va­cate” from the two lots. In ad­di­tion, Lapu-Lapu City’s Regis­ter of Deeds was or­dered to an­no­tate the ti­tle and in­clude Uchuan’s name.

RTC Branch 27 Sher­iff Miguel Igot al­ready is­sued a de­mand let­ter ad­dressed to the MCIAA Board of Di­rec­tors (BOD) last Septem­ber 8.

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