San Roque drainage project Talisay files expropriation case

CEBU, Philippines - The Talisay City government has filed a civil case for expropriation against the owners of a property affected by the local government’s drainage project to address the flooding problem in Barangay San Roque.

The local government was forced to file the case for eminent domain with application for the issuance of a writ of possession against the heirs of  Sotero Abapo.

The respondents, Joe Abapo and Miriam Abapo-Rodrigo, refused to sell the 60-square meter property in Barangay Cansojong, which would serve as drainage road-right-of-way from Barangay San Roque.

“Defendants flatly refused and rejected the offer of plaintiff (Talisay City). That under the said circumstances, plaintiff has no other alternative but to exercise its right of eminent domain for the expropriation of the above-mentioned property,” the complaint reads.

Based on the document, the city government offered to buy the property owned by the defendants for the construction of a by-pass drainage system which would connect the existing drainage at the South Coastal Road to an outfall.

The project is intended to address the “prevalent flooding problem” in the area of Sitio Palanggana, San Roque. 

City legal officer Owen Algoso said the officials of San Roque tried to negotiate with the defendants to buy about 60 square meters of their property at P2,000 per square meter but the owners refused to sell it.

The entire property is said to be worth P1,598,400 at P4,800 per square meter.

“All efforts at acquiring a drainage right of way over the subject lot of defendants through negotiated purchase have become futile and fruitless,” the complaint reads.

According to the city government, the construction of the drainage system will not only benefit the people of Barangay San Roque  but also to all the people of Talisay City.

In order to take possession of the property, Algoso said they are willing to deposit the amount of P43,200 before the trial court representing the 15 percent of the fair market value of the 60 square meters.  (FREEMAN)