A petition for the quieting of title and reconveyance of real property has been filed before the Municipal Circuit Trial Court of Tuba-Sablan by the heirs of the claimants of the property recently bought by the city government in Topinao, Tuba, Benguet.
A petition for quieting of title is a remedy that determines the rights of conflicting claimants to a parcel of land in order to dissipate every cloud of doubt over the property and to stop the one who has no right over it from disturbing the real owner.
The city government bought the property last year for P94 million for its land banking program.
In the petition, the heirs of Florendo Lamsie, the heirs of Elly Willy, Jerry Fernandez, and Silverio Bustarde said a portion of the property sold by spouses William and Hazel Dominique Tan to the city government has encroached on their property.
In the area claimed by the Lamsies, the encroached area is allegedly 8,732 square meters; 1,668 square meters for Fernandez; and 1,000 square meters for Bustarde, or a total of 11,400 square meters.
Originally, the property was owned by Benjamin Suello but in the 1960s was sold to Florendo.
The property was eventually inherited by his children and some portions were sold by one of the children to the other claimants, Fernandez and Bustarde.
Fernandez acquired his claimed property in 2003, while Bustarde acquired his in 2008.
The sale gave rise to the issuance of separate tax declarations for the other occupants of the property.
In the case of the Lamsies, the petition narrated that one of their siblings, Ellie Willy transferred the tax declaration in her name, then to an entity called Florendo Agri-Indl. Ventures Corporation.
However, the Lamsies said there was a court ruling that ordered their sister, Willy, to transfer the tax declaration from Florendo Agri-Indl. Ventures Corporation back to her name so she could eventually transfer portions of the property to her siblings.
They said the existing tax declaration over the area is under the name of Willy.
The Tans, on the other hand, were said to have acquired the property from Angeline Suello Aquipao and her husband identified in the petition only as a certain Engr. Aquipao.
The Tans have been issued two titles over the property.
The claimants, however, said that as opposed to the Tans, they have a right over the property since they have been in the area since 1964.
The claimants also asked the court to order the Tans to transfer the property which they claim have been erroneously registered in their name, to them.
Lawyer Althea Alberto, executive assistant at the Mayor’s Office, declined to comment on the issue as the city government is not included in the case.
But she said in the absence of a restraining order, the process of transferring the property in the name of the previous owner to the city government of Baguio will proceed as usual. – Rimaliza A. Opiña
April 23, 2024
