Gov authorized to sign 93-1 lots sale

PB nod came after three postponements

CEBU, Philippines - The Cebu Provincial Board has finally passed a resolution authorizing Governor Hilario Davide III to sign a Deed of Confirmation for the sale of several parcels of province-owned lots located in Cebu City to homeowners who are beneficiaries of Ordinance 93-1.

The resolution, sponsored by PB Member Grecilda-Sanchez Zaballero, grants the deed of confirmation only to those beneficiaries who have fully paid their occupied lot.

Passage of the resolution was delayed after it was learned that  there  were  beneficiaries who have allegedly fully paid their space but their signed deed of sale given six years ago was not notarized since they thought it was no longer necessary.

There were also others who already resold their properties to third parties, who are now the ones occupying the lots.

These issues resulted to the deferment of the resolution thrice, and was the subject of a meeting between homeowners and Capitol officials the other week.

To address the issue, Provincial Legal Officer Orvi Ortega said beneficiaries are required to comply with two conditions for them to consider their claims of payment.

First, the beneficiary must provide a proof of full payment, either by presenting the official receipt or a certification from the provincial treasurer certifying full payment. Second, the beneficiary must execute an affidavit explaining why he failed to have his deed of sale notarized and that the property has not been sold yet.

"The deed of sale not yet notarized remains to be a private instrument binding between the signatories only not the third person," he said.

On those who sold their lots, Ortega said the purchase by the beneficiaries is not void considering that full payment was made and there was basis for the sale of property (deed of sale) even if the document was not notarized.

"They assumed it (sale to the beneficiaries) was consummated by the mere signing of the deed of sale, but it (deed of sale) needs to be notarized before it (property) can be transferred to their (buyers) names," he said.

In 1993, Provincial Ordinance 93-1 was approved to provide a scheme for Cebu City residents of Capi-tol-owned properties to pay monthly amortizations to own the property they are occupying.

The lots are located in barangays Kamputhaw, Capitol Site, Kalunasan, Busay, Luz, Lahug, Mabolo, Apas, Lorega San Miguel, Kasambagan and Tejero in Cebu City.

All lots have aggregate area of 51 hectares, which are sub-divided to 4,364 home lots. However, only 1,445 lots have been fully paid for; 1,188 have incomplete payments; while 1,731 have not been paid for at all.

Ortega said beneficiaries whose properties were sold prior to the execution of the non-notarized deed of sale are deemed "disqualified" as it violated the provisions of Ordinance 93-1.

It also violated a January 5, 2010 memorandum entered into between the provincial government and beneficiaries where both parties agreed that the lots covered under Ordinance 93-1 can neither be sold nor leased to any individual and corporation within 10 years after from date of registration and delivery of the title and ownership to its rightful occupant.

Ortega said the ones who purchased the said lots should seek the court's help.  "Seek answer in court…at least we will act on it based on a court order," he said. (FREEMAN)