City seeks court intervention to help homeowners

The Cebu City government is seeking the court’s intervention to stop the implementation of an execution order directing the Ubos Pundok Homeowner’s Association, Inc. to vacate two parcels of land located at Sitio Ubos Pundok, Barangay Pardo, Cebu City.

Through the Office of the City Legal Officer, the City of Cebu, represented by Mayor Tomas Osmeña, and the beneficial owners of the property filed a civil case for quieting of title with payer for the issuance of temporary restraining order or preliminary injunction and permanent injunction, yesterday.

In their complaint, the city government claimed being the sole and exclusive owner of Cadastral Lots Nos. 8303 and 8305 covered under Transfer Certificate of Title No. 174545 and Transfer Certificate of Title No. 174546, respectively.

This is contrary to the claim of the heirs of Hilario Tabanas, represented by Sixto Tabanas, Jr.

In 2000, the heirs of Hilario Tabanas filed a complaint before the Municipal Trial Court in Cities, claiming they were the owners of the subject properties by way of succession, which were occupied by Norberto Baron, Rudy Languido, Alejandro Abadiano, Francisco Carzano, and Prima Lugo.

Judge Pamela Baring Uy of Branch 6 on August 30, 2016, issued a resolution ordering for the issuance of a writ of execution to be implemented by Deputy Sheriff Shayne Margaret Alcalde.

A writ of execution was issued on November 11, 2016. In the writ, Baron, Languido and others were ordered to deliver the actual and physical possession of the subject properties to the heirs of Hilario.

On November 28, 2016, a notice to vacate was issued against Baron and others.

On December 29, 2016, the Cebu City government filed an urgent motion to hold in abeyance the execution of the decision, asking for the resurvey of the property to determine the metes and bounds of the property, and thus, determine the legal possessors and owners of the said property.

Baron and other beneficiaries filed an urgent motion to quash/ recall the writ of execution but it was denied as well as their motion for reconsideration.

Hence, the City of Cebu filed the herein civil case claiming the sole owner of the subject property. They asked the court for the quieting of title to determine and declare their exclusive rights over the subject property.

While the main case is being heard, they asked the Regional Trial Court to issue a TRO or preliminary injunction to stop the implementation of the execution.

“In this case, the implementation of the writ of execution in the unlawful detainer case would be detrimental to the interest of the City of Cebu. The City of Cebu was not a party to the case and is not privy to the judgment rendered by the Honorable Court. Such would divest the City of Cebu from enjoyment of its property without due process,” the complaint read.

The subject property is a government socialized housing project of the Cebu City. The city government purchased the land for the benefit of the Ubos Pundok Homeowners Association, Inc.