New claimants want share of P133 million

CEBU, Philippines - Another member of the Rallos clan has surfaced yesterday to claim part of the over P133 million judgment debt awarded by the court to the heirs of the late Rev. Father Vicente Rallos.

Jack Rallos asked Sheriff Eugenio Fuentes Jr. and Cebu City Mayor Michael Rama to withhold one-third or P44.3 million of the P133,469,962.55 judgment debt.

Jack said he is one of the heirs of Francisco Rallos cousin of Vicente. While Jack admitted that he was not among the claimants in the civil case decided by Regional Trial Court Branch 9 Judge James Stewart Ramon Himalaloan, but he said, he is part of the sharing.

“This issue was promulgated dated 1935 and amended 1936 that Francisco Rallos has one third share of the property. We have certified true copy of an order stated we are part of the subject property,” Jack said.

He added he was designated as attorney-in-fact of the heirs of Francisco to claim the one third.

“I already approach Maurelio Rallos representative of Rev. Fr. Vicente Rallos to give us share, one third of the judgment debt as there was an existing order but he did not heed,” Jack said.

Jack, however, was told by the sheriff that he cannot withhold part of the amount on his own. Jack said they might be forced to file a case in court against the heirs of Vicente. According to him, there are five of them who are heirs of Francisco.

“If we will file a case we can assure that we can get what we want as there was an existing order that late Francisco Rallos has one-third share of the subject property,” Jack said.

However, he said they are having difficulty to raise P1 million for the filing fee.

One of the heirs of Vicente who requested anonymity told The FREEMAN that they cannot share the amount to the heirs of Francisco because they were not among the claimants in the case.

“Mura mig nangisda unya sila nagpaabot ra sa daplin (We were like fishing while they waited us at the seashore),” one heir said.

He also denied that there was a “convinio” among the heirs which allegedly stated that the property was donated to the city government for public road.

The heirs are planning to file a case for indirect contempt against the city officials for failure to comply with the order of the court.

Vice Mayor Joy Augustus Young, however, said they are not afraid of contempt.

 “We were not threatened by them. They should not do that,” the vice mayor said.

According to Young, the lawyer-members of the City Council are already studying what possible moves to take.

Young earlier suggested that the mayor should appropriate a budget for the payment of the Rallos lot but Rama ignored it.

Rama believes that the city is not obligated to pay for the lot.

According to Rama, the city will not pay it after they have discovered an agreement between the Ralloses themselves in 1940s that there should be a road to be constructed within their property in Barangay Sambag II as their right-of-way and such road shall be donated to the City of Cebu for public use.

The court sheriff is already set to auction part of the South Road Properties, which proceeds shall be paid to the Ralloses. (FREEMAN)