La Paloma residents, Tisa barangay execs locked in property dispute

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, Philippine — The residents of the La Paloma Subdivision in Barangay Tisa, Cebu City, has filed charges of grave misconduct at the Office of the Ombudsman against Tisa Barangay Captain and Councilor-elect Philip Zafra and other officials of the barangay for allegedly harassing the homeowners association in the process of claiming the La Paloma Sports Complex.

Violet Musngi, La Paloma Homeowners Association Inc. (Lapahai) president, said the conflict stemmed from the lack of proper maintenance of the gym, which she claimed had been used for many years by the barangay as a storage space and dumping site for their unused items.

The residents sought to share the management of the gym with the barangay since the gym had become dilapidated with apparent misuse.

The homeowners also claimed that they had a right to the property because the lot where the gym was standing was allegedly unsuccessfully donated to the city government.

They also said that the previous homeowner’s association, which was unregistered under the Housing and Land Use Regulatory Board (HLURB), donated the land to the city government as then Congressman Antonio Cuenco wanted to build a gym in the lot.

However, Musngi said the donation was not completed because there was no deed of acceptance from the city government acknowledging the donation.

Lapahai claimed that with the lot still under their ownership, they were entitled to a share of the earnings as well as responsibilities of maintaining the gym.

Until the present, the homeowners pay the electrical and water bills of the gym.

However, the barangay and the association tried to settle the conflict when Lapahai proposed a 50-50 share of the property with the Barangay Tisa. The barangay refused the proposal and offered an 80-20 share instead.

Recently, the association decided to put up barriers at the front of the gym in order to prevent people from throwing garbage in the vacant area in front of the gym.

Musngi said the barangay has destroyed the barrier three times and even confiscated the materials used to build it.

They also claimed that they were also refused entry to the gym and the association was not given a key when a daycare center was established inside the gym.

Musngi said the barangay did not ask permission from Lapahai regarding the daycare.

“They locked the gym, shouted at us, harassed our security guards. What can we do? Where can we turn to if our own barangay is harassing us?” said Musngi.

She said that cases has been filed at the Office of the Ombudsman against Zafra and other barangay officials for grave misconduct while criminal charges were filed for the barangay workers who took with them the barriers after the demolition.

Lapahai said Barangay Tisa officials had been abusing their power with regard to the gym, and they asked the officials to stop using force against the residents who simply wanted a cleaner surrounding.

When asked if they were willing to donate the lot in the case the city government would ask for it and would pursue completing the donation process, Musngi said she would have to ask the homeowners for their views on the matter.

As of now, the association would want the barangay to acknowledge their ownership of the lot and the to give them their share of the management of the gym.

Zafra said the barangay already filed a case on the property dispute and was awaiting the decision of the court on the matter.

He said the homeowners were simply depriving the barangay of its rights to the gym which was owned by the city government. /dbs