Caloocan vice mayor, 12 councilors face arrest

MANILA, Philippines - Caloocan Vice Mayor Macario Asistio III and the entire members of the city council face arrest over non-payment of a property amounting to P134.6 million that was acquired by the local government in 1996.

Reports reached the city hall yesterday that Judge Dionisio Sison of the Caloocan City Regional Trial Court (RTC) Branch 125 is poised to issue within the week a warrant for the arrest of Asistio, presiding officer of the city council, for contempt of court.

Also included in the arrest warrant are District 1 Councilors Aurora Henson, Karina Teh, Dean Asistio, Susan Punzalan, Marilou Nubla, Jay Afrika and District 2 Councilors Carol Cunanan, Rose Mercado, Roberto Samson, Chito Abel, Tolentino Bagus, Allen Aruelo and Liga ng mga Barangay chairman Dale Malapitan.

The warrant stemmed from non-payment of a property acquired by the city government for P47 million in 1996 for a socialized housing project.

Based on documents obtained by The STAR, the city government under then mayor Rey Malonzo appropriated on Aug. 2, 1996 a 6,901-square-meter lot located in Barangay 33, Zone 3, Maypajo that was registered under Recom Realty Corp.

Recom Realty is not connected with former mayor Recom Echiverri.

A writ of possession was issued by the RTC on Aug. 25, 1998 after the city government made an initial payment of P2.4 million.

The problem started when Judge Modesto Juanson issued an order fixing the just compensation in the amount of P7,208 per square meter on June 23, 2003.

 Juanson subsequently issued an order of expropriation on Dec. 22, 2003 in favor of the city government after payment of just compensation amounting to P49,735,200.

 On Feb. 2, 2004, the city government filed a notice of appeal, arguing, among others, “that the method adopted in the determination of the appraised value of the property should have been used as the basis in the just compensation and not the judge’s method.”

Sison took over the case in 2009.

The ensuing legal battle resulted in two more cases in 2013, including a direct contempt against members of the city council for non-payment of the principal and interest totaling P134,600,041.13.

But the city council insisted that the computation of interest should not be compounded.

Michael Arthur Camina, city legal officer, said the city government should pay only P101,811,105.17 as of Oct. 21, 2014.