The La Paloma gym that has been in the center of the dispute between the homeowners of La Paloma subdivision and the Barangay Tisa officials. | Delta Dyrecka Letigio
CEBU CITY, Philippines — Tisa Barangay Captain Philip Zafra, four days before his assumption as councilor of Cebu City, faces charges of misconduct and serious dishonesty filed by the residents of a subdivision in his barangay at the Office of the Visayas Ombudsman for a disputed gym within the premises of the La Paloma Subdivision.
The La Paloma Homeowners Association Inc. (Lapahai) said in a press conference that they seek to share the management of the gym which was built by the city government in a lot that was primarily donated by previous homeowners of La Paloma in 1993.
They said the city failed to provide a deed of acceptance during the donation and so the property could be argued to still be under their ownership.
Zafra said in an interview with the media that the case had been raised to the courts in the early 2000, the year of which he could not remember, over the ownership of the sports gym.
He said the court ruled in favor of the city affirming the claims of the city government of the property, which was eventually placed under the custody of Barangay Tisa.
He said the homeowners did not appeal the case, and so the ownership of the city over the sports gym and the lot it stands on would remain with them.
Read more: La Paloma residents, Tisa barangay execs locked in property dispute
Zafra denied that since May 14, they have been harassing the residents over the fences they built in front of the sports gym.
Lapahai said that from May 14 to June, the barangay took down the fences they built three times.
The group said that the fences were built to keep the area clean and discourage people to throw their garbage in the area.
Zafra said that with the fences, the barangay was being devoid of its right to the gym as the fence blocks the entrance to the gym and was even at some point padlocked, refusing entry to the students of the daycare center inside the gym.
“They are the ones harassing us through their fence and now they claim that we are harassing them. It is our right to use the gym and the other residents of Tisa as well,” said Zafra.
Zafra said that Lapahai was allowed to manage the gym for some time in 2016 and even accepting the earnings for its use.
For this reason, he said the barangay was considering filing charges against Lapahai for receiving money during the period of time without giving it to the barangay.
He said the legal team was also studying the case and would be filing the charges at the Office of the City Prosecutor soon.
Zafra said that as of now, the ownership and the management of the gym was undisputedly under the city government and Barangay Tisa.
If Lapahai wished to challenge the previous ruling, he said they would have to take the case to court.
“There was a donation. They donated the lot to the city, now they claim they did not. They are keeping the gym from the Tisa residents who deserve to use it,” said Zafra.
Zafra assured the Tisa residents that the barangay would continue to fight for the gym even after he steps down as barangay chief and take the seat as council member of the city.
Meanwhile, Lapahai said that if Barangay Tisa did own the gym, they should present the title of the lot under their name to settle the dispute. /dbs