Lot claimant files complaint at Ombuds

CEBU, Philippines - One of the respondents in the case involving a 73-hectare timberland lot in Cebu City has complained before the Office of the Ombudsman-Visayas alleging that Department of Environment and Natural Resources-7 director Isabelo Montejo had made them believe that the property is alienable and disposable.

 “Montejo issued the certification despite the fact that he was fully aware of the status of the area as he was then the project manager of the Cebu City Reforestation Project. What’s worse, he was even an awardee for the project,” said a “concerned taxpayer” in his complaint filed before the office of deputy Ombudsman Pelagio Apostol last March 19, 2014.

 The complainant, who refused to be named, is reportedly one of those who Montejo, during his time at Provincial Environment and Natural Resources Officer, issued a certificate  for the 73-hectare property in Barangay Quiot, Cebu City.

 The certification dated March 20, 1996, purportedly signed by Montejo and Community Environment and Natural Resources Officer Iluminado Lucas, stated that Lot A at the Cebu Cadastre 12 Extension in Quiot, “as surveyed by Geodetic Engineer Celso Mayot,” is “within the alienable and disposable” area.

 Following this certification, Gloria Jaralve, Edgardo Jaralve, Nimfa Lagnada, and others sought for the legal ownership of the vast land. But the director of lands and other claimants had opposed to their application which led to a court battle.

At the regional trial court and in the Court of Appeals level, Jaralve and company won but it was in the Supreme Court that they failed to secure similar verdict to their case.

The High Court on October 24, 2012 ruled that the 73-hectare property is not alienable and disposable as it is part of Cebu City’s timberland, contrary to the certificate issued by PENRO.

 Quoting Republic v. T.A.N. Properties, Inc, the SC said “it is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR secretary had approved the land classification and released the land of the public domain as alienable and disposable…”

 With this decision, the complainant wondered why Montejo had issued such certification when he fully knew that the land in question was a timberland.

 The complainant alleged that the claimants of the property reportedly gave Montejo at least P500,000 as “pahalipay” and a Toyota Tamaraw FX.

 The Freeman tried to contact Montejo for his comment but to no avail.  (FREEMAN)