CA upholds ruling on disputed lot between city and Gochans

The Court of Appeals in Cebu has upheld its earlier decision that Lot 1029 in Barangay Lahug, Cebu City is owned by the city government.

Associate Justice Edgardo Delos Reyes denied the motion for reconsideration filed by Felix Gochan & Sons Realty Corp. and Virginia Y. Gochan, Louise Y. Gochan, Esteban Y. Gochan, Jr., And Dominic Y. Gochan claiming there was no cogent reason to reverse their ruling.

"After a judicious review of the plaintiffs-appellants' arguments as well as those raised by the defendantsappellees and intervenors-appellees in their respective comments, the court resolves to deny the present motion, there being no cogent reasons advanced therein to warrant a deviation from the findings and conclusion reached in the challenged decision," read the resolution.

Felix Gochan filed a motion before the CA after it affirmed the decision of the trial court dismissing their complaint for legal redemption.

They claimed they were the owners of the lots adjacent to Lot 1029 owned by Doroteo Lagcao, Diosdado Lagcao, and Ursula Lagcao.

The Lagcaos sold a portion of Lot 1029 that totaled 312 square meters to the city government worth P624,000.

The Gochans asserted they were never informed by the Lagcaos of their intent to sell the small portions of Lot No. 1029, thus, they failed to comply with Article 1623 of the Civil Code which requires notice in writing to all possible redemptioners.

It was recently, they said, that they knew of the purchase and they filed a case to redeem the property claiming that the disputed portions were landlocked by their owned properties.

They alleged that the sold portions had no practical purpose without the city acquiring the surrounding lots.

In their answer, the city government claimed the Gochans' legal redemption was untenable since the elements for its application were absent in this case.

The disputed property, the city government said, has already been used for road lots.

Even if the right of redemption of the Gochans will be granted, the property can no longer be redeemed because they were already outside the commerce of man since it has been used as public road.

P. Manto/MBG