Survey has more weight, says lawyer on land spat

CEBU, Philippines - For Talisay City Legal Officer Giovanni Sususco, cadastral survey is the most important requirement for a barangay to present when it comes to land ownership issues.

Sususco is giving his legal opinion on the boundary dispute between Sitio San Rafael of San Roque and Sitio Kalinao of Tanke.

In its position paper, Barangay Tanke recently presented to the City Council a copy of the cadastral survey while San Roque presented documents of tax declaration, among others.

But for Sususco, the cadastral survey has more weight. He said the cadastral survey is among the functions of the Department of Environment and Natural Resources, together with the local government unit.

When conducting a cadastral survey, officials of the DENR-7, the land owners, and officials of the national government should be around, Sususco said.

“Para sa akoa, ang dako nga basihan ang makapanag-iya sa yuta kay kanang cadastral survey. Gikan man ‘na sa DENR, mao gyud na dakong basis kay once claimant ka sa cadastral survey, naa kay right to acquire that property,” Sususco said.

It was earlier reported the officials of barangays San Roque and Tanke are now working on finally settling their boundary dispute.

Tanke barangay captain Perla Cabanes presented a cadastral survey aside from their claim that since the beginning, basic services, such as water supply, medical clinics, financial assistance, food aids, and other services have been provided by Barangay Tanke.

They also claimed that the 499 registered voters of the two sitios are all registered in the barangay.

On the other hand, San Roque barangay Captain Elzevier Abraham in a position paper said that they have all the documents supporting their claim that the area Barangay Tanke is claiming is part of their barangay.

Barangay San Roque noted that the lots claimed by Barangay Tanke are within the territorial jurisdiction of San Roque, based on the 30 applicants for tax declaration.

The paper also stated that there are business applicants who filed their clearances in Barangay San Roque and were approved by the Talisay City government.

According to Abraham, San Roque had a total land area of 232 hectares, 40 hectares of which are being claimed by Tanke.

Further, Sususco said that there are some cases wherein land owners acquire tax declarations based on the cadastral survey.

“Kung ang claimant gikan sa imo pang katiguwangan, naa kay basis ana nga ikaw magsunod or predecessor of interest, kanang naa kay any mode of conveyance, naa kay right over the property maski dili ikaw ang claimant nga nakarehistro,” he explained.

Sususco clarified that this is only his opinion as a lawyer and that he is not included in the investigation being conducted by the City Council to settle the matter.

At present, the City Council is reviewing the position papers submitted by both barangays. (FREEMAN)