Alta Vista charges city, Villarete

CEBU, Philippines - The Cebu City Government and City Treasurer Emma Villarete are facing complaints for allegedly accepting the payment from the delinquent owners of a lot that was already subjected to an auction.

Alta Vista Golf and Country  Club, in its complaint, stated that the act of the city government and Villarete in accepting and honoring the payment made by the delinquent owners on 30 May 2012 “is totally irregular, unlawful and arbitrary.”

The complaint further stated that the plaintiff, a domestic corporation located on Aznar Road, Pardo Hills, Barangay Pardo, Cebu City, participated in the auction sale of a lot offered by the city government.

On May 13, 2011, plaintiff former City Treasurer Ofelia Oliva published a notice of sale of tax delinquent real properties in The FREEMAN newspaper.

“Motivated by utmost trust and respect to the invitation made by Defendant

City of Cebu, herein plaintiff answered the said invitation by participating in the auction sale conducted on May 27, 2012,” the complaint stated.

Plaintiff cited they submitted their bid for a lot registered in the name of Benigno Sumagang.

Then, the City of Cebu awarded to them the delinquent property being the winning bidder.

For one year, they waited for the period of redemption to expire to acquire the full ownership of the property.

However, on June 14, 2012, Alta Vista received a letter from Oliva informing that the “delinquent owners” had redeemed the subject property and paid their full obligation dated May 30, 2012.

They were told to surrender the certificate of sale and the original official receipt to the Office of the City Treasurer.

With that, the Alta Vista Golf and Country Club Inc. questioned the actuation of the defendants of “accepting and honoring the payment of the delinquent owners.”

The plaintiff cited that the one year period of redemption has already expired last May 26, 2012.

The plaintiff said they replied to Oliva citing the redemption made by the delinquent owners was irregular.

Likewise, they asked for the cancellation of the certificate of redemption issued to the delinquent owners and to issue the final deed of conveyance in their favor but it was turned down by Villarete on October 11, 2012.

Plaintiff cited Section 261 and 262 of the Local Government Code to support its claim that the redemption of property sold is within a year from the date of sale.  (FREEMAN)