Defense chief fights for Apas lot

Department of National Defense Secretary Delfin Lorenzana has filed an affidavit of adverse claim before the Registry of Deeds in Cebu City to prove that Lot 937 in Sitio San Miguel in Barangay Apas has been a government property since 1939.

Lorenzana made the move to prevent the subject government lot from being disposed of and conveyed to private citizens.

“There is now an extreme urgency for the DND to take the necessary action, including the institution of civil and criminal proceedings to prevent any unlawful disposition or conveyance of the subject government property,” he said.

Lorenzana also requested the Registry of Deeds to annotate the Transfer Certificate of Title No. 107-2018002380, covering Lot 937, as the subject matter of an action for Cancellation/ Annulment of Reconstituted Title No. RT-6757 which was filed by DND.

Lorenzana said that unless an adverse claim is annotated on the TCT, the DND will be defrauded and deprived of its just and valid right over the subject parcel of land.

He added that DND has recently retrieved documents that prove the expropriation case filed by the Commonwealth of the Philippines to obtain possession and ownership of the lot, including the fact of payment.

“This only means that the decision in Civil Case No. CEB No. 19845 that ruled in favour of Mariano Godinez and divested the Republic of its ownership of Lot No. 937 is clearly null and void,” he said.

On November 18, 1938, then Commonwealth of the Philippines filed an amended complaint for expropriation, labeled as Civil Case No. 781, over certain parcels of land in the city against certain land owners.

One of these owners was Eutiquio Uy Godinez, the registered owner of Lot 937 who has been identified dead.

The said expropriation was filed in order to carry out the development program of the Philippine Army as provided in the National Defense Act.

Lot 937 was covered by Land Tax No. 68447 with an assessed value of P1,845.72.

On November 23, 1938, P9,500 was deposited to the Philippine National Bank for purposes of the issuance of the writ of possession.

Felisa Sy Cip, administrator of the estate of the late Eutiquio, had asked the plaintiff be ordered to pay her the repeated amount of P1,845.72 via a partial decision as its just compensation for Lot 937 and be given other legal remedy or equity applicable.

The expropriation court granted the motion of Cip in the partial decision dated April 22, 1939 and ordered the delivery of the possession of Lot 937 to the government.

However, Lorenzana claimed that the government has been the owner of Lot 937 for 80 years.

It was in January 22, 1997 when Mariano filed a case to claim the property. —