Pesquera
A lawyer claimed ownership of parcels of land which covers five sitios in barangay Subangdaku in Mandaue City including sitio Mahusay that the Mandaue City government recently cleared of illegal settlers.
Jack Rallos showed to Cebu Daily News several records from the Registry of Deeds and a land sketch to identify the 5,525 square meter lot which he claimed is owned by lawyer John Borromeo.
Rallos sought ssistance on the case from lawyer Jocelyn Pesquera.
Pesquera, legal consultant of Cebu City Mayor Michael Rama, promised her assistance on Rallos.
Families who were moved out of the Mahiga Creek are hoping that Rallos claims are authentic.
Maria Theresa Pitogo,the spokesperson of the displaced residents of sitio Mahusay, said they are still negotiating with Mandaue City Hall to let them stay in their areas.
Caretaker
The Land Registration Commission issued an original certificate of title to Borromeo on May 21, 1970.
The document was signed by Felixberto F. Alino of Cebu City Registry of Deeds.
Rallos, caretaker of the Borromeo property, said a certain Leonarda Mina-Bacalla owned the 16-hectare lot in barangay Subangdaku. She sold the 5,525 sq. meter lot to Borromeo.
Another eight hectares of Bacalla’s land was bought by a company named Zitioba Inc.
Altered
Zitioba later sold the eight-hectare lot to Gaisano Corp., Rallos said.
“Pesquera was willing to get back the lot kay para ang pagbayad sa taxes makuha sa Cebu City (She was willing to get back the lot so that the payment of taxes will be taken by Cebu City),” Rallos said.
Rallos claimed that Mahiga Creek which serves as a boundary of the cities of Cebu and Mandaue has already been altered.
He said Zitioba Inc. sought permission from the Department of Public Works and Highways (DPWH) to ‘alter’ the creek from its original location, in the 1970s.
By nature
A sketch presented by Rallos, showed that the creek was flowing from the old Rositas store now occupied by Innodata to sitio Aroma.
The creek used to cross what is now known as the Aboitiz Soccer Field before it reaches the sea.
“Nangayo sila ug permission sa DPWH nga instead subayon to ang by nature nga creek, i-straight na lang (They asked permission from the DPWH that instead of following the ‘by nature’ creek, they’ll make it straight),” Rallos said.
Rallos said Aboitiz was given the ‘go signal’ by DPWH for the implementation of their reclamation project.
“Maski kinsa abogaduha, tumanon gyud ang by nature kaysa sa man-made nga creek. Dapat unta i-open to didto ang dako nga creek, tabunan na diha (Any lawyer should follow the natural creek and not the manmade creek. They should open the creek there and cover it),” he said, referring to Mahiga.
Evidence
Engr. Carlos Mina – Bacalla, son of Loenarda, said that he was willing to stand as witness to Rallos’s claims.
Rallos had been defending Borromeo’s ownership of the land following the demolition of shanties in sitio Mahusay.
He said the lot owners pay their taxes to the Cebu City government.
Vincent Guy Aquino of the Housing Urban Development Office (HUDO) in Mandaue City, asked Rallos to present evidence of Borromeo’s claim of ownership.
Rallos said he already gave Aquino the copy of the lot’s certificate of title.
But Aquino insisted that based on the sketch prepared by the City Engineering’s Office of Mandaue, the compound being claimed by Rallos was marked as ‘unknown.’
“Natingala mi nganong Cebu City sila nagpa-title nga tanan diha nag-tax man sa Mandaue (We are confused on why they are paying taxes to Cebu City in which all of them pay tax to Mandaue),” he said.
Aquino said they were just following the sketch made by the Mandaue City Engineering’s Office showing the present location of Mahiga Creek.
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