Private family-church land row erupts anew
ANDA, BOHOL — The long-drawn land dispute between a private family and the Catholic Church in Anda town, about 100 kilometers east of Tagbilaran City, broke out again and now appeared to be far from being resolved.
The parish church here, headed by Father Jose Pompei Solana, and the faithful staged a rally and carried placards at the public to dramatize their dismay over the onJgoing construction of huts by the Escobal family.
The family, represented by a certain Grace Balo Dohig, insisted on constructing the cottages, made of light materials, on the property that it claimed was theirs.
Solana argued that the Escobal family should not have built yet the cottages because the Talibon Diocese — where Anda town belongs and represented by Bishop Patrick Daniel Parcon — has filed for a motion for reconsideration over the decision of the Department of Environment and Natural Resources (DENR) thru the Community Environment and Natural Resources (CENRO).
Under CENRO Case No. 2012J204 for the disputed lots Nos. 267, 271, 246 CAD 741D, the DENR had favored the Escobal family’s application for titling of these lots, which were however contested by the Church of being “a part of the municipal plaza, long time utilized by the Church as well as the Andahanons since 1885.”
The Church had accused the DENR’s of “grave abuse of discretion amounting to lack or in excess of jurisdiction,” contending that “a public plaza may not be a valid subject for an application of title.”
The Church’s motion also cited a court’s decision (Civil Case No. 3118) for recovery of real property of the heirs of Esteban Escobal, rendered by then Judge Mercedez GozoJDadole of Regional Trial Court Branch 1-Tagbilaran.
The Escobals “do not really know the extent of their land holdings,” said the Church in its motion, as the family, in applying for a land title, allegedly included and claimed the public plaza, the Church plaza, Church site and the site of the Holy Infant Academy.
These lots consist only of 12,830 square meters contrary to the properties of the Church, the Academy and the plaza, which have a total area of six hectares, the motion for reconsideration stated.
The Church said: Can the municipal plaza, the church site and the site of the Academy be titled under the name of the applicants (Escobal family)?
Anda town acting Mayor Nilo Bersabal said the onJ going construction of cottages is reportedly in preparation for the grand reunion of the Escobal family sometime in May this year. He said that Municipal Engineer Roman Dano allowed the payment of a building permit fee from the Escobals, but he did not issue the permit yet, pending submission of requirements, such as the location clearance.
While the construction continued, the Office of the Municipal Engineer, has issued on April V a notice of Illegal construction, three days before the protest action by the parishioners on April 23. Dano signed the said notice obtained by BNT.
The notice addressed to Dohig informed the family that “you have made an illegal construction or renovation of cottages in violation of section 301 of the National Building Code (PD 1096).”
Daño’s notice ordered the Escobal family to “stop immediately all illegal activities in your premises;” to contact his office within three days; and “secure locational clearance and building permit” first.