Answer charges on lot ownership: court to Capitol

Case involves 4,741-square-meter property on Gorordo Ave., Lahug, Cebu City RTC clerk summons Province to answer in 15 days the civil case for nullification of deed of exchange filed by heirs of the late Francisco Almario and wife Felipa Zafra against Capitol If Capitol fails to answer, ‘plaintiff will take judgment by default’

THE Regional Trial Court (RTC) has directed the Cebu Provincial Government to answer the complaint filed by lot successors who seek to recover a 4,741-square-meter lot registered under Capitol’s name.

Lawyer Nicole Marie Cimafranca-Go, RTC Branch 7 clerk of court, summoned the Province to answer in 15 days the civil case for nullification of deed of exchange filed by the heirs of the late Francisco Almario and wife Felipa Zafra against Capitol represented by Gov. Gwendolyn Garcia.

Go, with authority from Judge Simeon Dumdum Jr., reminded Capitol of the provisions in the memorandum on policy guidelines of the Integrated Bar of the Philippines-Office of the Court Administrator.

Instead, Capitol was told to cite another legal ground as defense in the filing of its answer, other than the filing of a motion to dismiss.

“If you fail to answer within the time fixed, the plaintiff will take judgment by default and may be granted the relief prayed for in the complaint,” the summons read.

Waiting for copy

Provincial Attorney Marino Martinquilla earlier said they would wait for an official copy of the complaint before issuing any statement.

The lot successors are represented by their attorney-in-fact Casiano Almario Jr.

In the four-page complaint prepared by lawyer Richard Bauzon, the petitioners said Almario and Zafra owned Lot 925, comprising four hectares, on Gorordo Ave. in Barangay Lahug, Cebu City.

Lot 925 was later subdivided into several parcels of land, among them the property in question, Lot 925-A, which has an area of 4,741 square meters.

In March 1953, then governor Sergio Osmeña and the couple’s heirs entered into a deed of exchange involving the par- cels of lands.

In the legal document, the Province swapped its three parcels of lot with that of the couple’s Lot 925-A.

Then President Ferdinand Marcos also approved the deed of exchange.

Different names

But without their knowledge, the parcels of lot that Capitol conveyed to the couple were issued transfer certificates of title 25177 and 25178 allegedly under the names of another Cebu City-based family using another deed of exchange.

The petitioners said they initiated civil action before the Cebu City

Regional Trial Court to cancel the transfer of certificates of title 25177 and 25178.

The lower court nullified the certificates of title, but the Court of

Appeals reversed the lower court’s ruling.

The Supreme Court also denied the petition for review filed by the plaintiff.

Despite that, they said said Lot 925-A, which was originally owned by his clients, was transferred to Capitol’s name.

No reply

They didn’t get anything from Capitol since the lot they were supposed to get was given to the other family, the complaint said.

The lot claimants said they sent a letter to the Provincial Government asking them to pay the lot successors the fair market value of Lot 925-A, but they did not receive any reply.

Capitol also transferred under its name the ownership of Lot 925-A using the deed of exchange as basis, the petitioners said.

“Defendant (Capitol) was unjustly enriched at the expense of the plaintiff’s properties,” the complaint read.

The lot successors asked the court to restore the original ownership of Lot 925-A through the issuance of another title under their names.