Ormoc City March 28-April 3, 2016 Volume XIII
Issue No. 14
P 10.00
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Expedition ship docks at Limasawa Island
‘First Mass’ commemorated ... story in page 3
LIMASAWA ISLAND VISITORS. Photo shows the international cruise ship Caledonian sky of Zegrahm Expedition with more than 100 foreign passengers on board including vessel crew visited the island at the height of the First Mass commemoration in Limasawa island. The foreigners came to see the special presentations of the local residents entertaining the tourists. The foreign guest also held a short excursion here. Inset photo shows the foreign tourists visiting the Magellan shrine in Limasawa island.
Suspension of Vice Mayor Locsin sought
ORMOC CITY – SOMEBODY wants that Vice Mayor Leo Carmelo Locsin be suspended. This was learned after the Chairman Isagani Bañes of Barangay Tongonan has filed a case against the vice mayor before the Ombudsman seeking the suspension of the vice mayor here.
PETITIONED TO BE SUSPENDED. Photo shows Ormoc City Vice Mayor Leo Carmelo Locsin Jr., who is running for reelection this coming May 2016 elections.
Bañez’s action was in response to the three-month suspension meted on him by the 13th Sangguniang Panlungsod (SP) on January 21 through Resolution 2016-04 presided by Locsin. The SP found merit on the complaint of a school principal whom the barangay chairman verbally confronted on October 26, 2014. Locsin is accused of committing Gross Negligence and Dereliction of Duty for his failure to furnish Bañez a copy of Resolution 2016-04 within the 15 working period as prescribed by law. He is also held responsible for not taking action on the Urgent Motion
- suspension p.2
Rama is to be blamed for strict rules on senior citizens’ birthday gift
ORMOC CITY -- THE city government is under fire from senior citizens due to the alleged onerous requirements being imposed in claiming their birthday gift. The criticism is magnified with opposition councilors riding on the issue. What nobody knows is that the opposition councilors themselves ordered the Office of the Senior Citizens Affairs (OSCA) to strictly follow the guidelines in the release of the benefit. T h i s was gleaned in the
THE ONE TO BE BLAMED. Photo shows City Council Vincent Rama who chairs the Committee on Senior Citizen’s Affairs in the city.
- rama p.2 CYANMAGENTAYELLOWBLACK
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Leyteño Peryodiko
March 28-April 3, 2016
News
Pusher arrested near shopping mall
ORMOC CITY -- Lambat Sibat volunteers of Police Station 3 immediately signalled the headquarters after noticing a drug trade negotiations near a mall in Brgy. Alegria, this city. Police Station Chief P/SInsp. Benjamin B. Lodo immediately sent an arresting team which resulted to the arrest of the suspect, identified as certain Ryan Requina y Palmitos, 38,
single, jobless and a resident of the said barangay. Lodo revealed that the information was about a person wearing a gray t-shirt and brown carrier short pants coming in and out from an electronic gaming shop and talking to a number of people. Then, when the cops arrived, the suspect was standing near a steel fence in one of the gardens beside the said
mall. Frisking was immediately conducted, while barangay officials and media were witnessing. Four plastic sachets containing white crystalline substance suspected to be shabu inside the pocket of the short pants of the suspect were recovered along with P200 bill in different denominations. But after the search one more plastic
sachet containing the same white crystalline substance suspected to be shabu was found at the ground where the suspect was frisked. The suspect denied owning the recovered evidence, however, he admitted that he is a drug user. The suspect will be facing criminal charges for violating RA 9165 or the Comprehensive Law. RCD
P350,000 nga shabu, pusil nasakmit CALUBIAN, Leyte --- Patungpatung nga kaso ang atubangon sa usa ka lalaki human masakpi sa usa ka Comelec checkpoint ug nakuha gikan kaniya ang usa ka kalibre .45 ug duha ka dakung plastic sachet nga dunay sulod nga ginadudahang shabu dinha sa junction road sa Brgy. Gutosan niadtonng miaging kwaresma. Nailhan ang suspek nga usa ka Jiller Lumapas y Maraveles, 23, minyo, walay trabaho ug residente sa Brgy. Herrera ning lungsod. Sumala pa sa kasayuran, ang suspek sakay sa usa ka Suzuki 150 nga may plakang 2282.
Namatikdan sa mga pulis nga dunay sukbit ang suspek ug nakitan gyud ang maong pusil ug dayong gitawag dayon ang mga barangay officials para motestigo sa pagahimoon nga bodysearching. Nakit-an ang pusil nga dunay tatak nga Grandmaster ug dunay Serial No 888134 nga dunay magazine nga dunay sulod nga 15 ka bala. Nasakmit pud ang usa ka cellphone ug usa ka lighter. Pasakaan og kasong pagsupak sa Sec. 32 sa RA 7166 kabahin sa Comelec Resolution No. 10015, RA 10591 ang maong suspetsado. RCD
rama from p. 1
Development Officer Marietta Leagaspi: “Maayo tingali i-kuwintas ni ninyo ning ordiansa, pataka lang mo og sulti!” The councilors are of the position that late filers even for one day should not be given their birthday gift that year. Councilor Mario Rodriguez is concerned the Commission on Audit might question OSCA’s practice of accepting late filers. “Maayo tingali dili nato i-encourage ang late filer,” he said. Rama seconded by saying: “I think we should stop kanang late filers. I don’t know how you will handle it, but definitely ibalik gyud sa kadtong 30 days before,” he said. “Pananglitan (sa) 2016, kung ang imong birthday February, kinahanglan one month before February, mu-apply gyud ka.” For his part, Councilor Tomas Serafica advised Teleron to accept late filers for the release of their birthday gift on the next year which the Osca rejected. “Kung ako gani balibaran, di gyud nako dawaton. Ingna ngano? Kung mag-file sila, they are expecting nga they will receive the amount. So ako gyud ingnon nga sunod tuig na lang na ninyo i-file kay magsalig man na sila,” she said. Ferdinand Cruz
minutes of the meeting called by the 13th Sangguniang Panlungsod’s Committee on Senior Citizens chaired by Councilor Vincent Rama on November 4 last year. In that meeting, the opposition councilors castigated OSCA for its lenient implementation of the guidelines particularly on the filing of claims. In availing the birthday gift, a senior citizen must apply at least 30 days before his/her birthday at the OSCA, based on the guidelines. It also states that “Late application must definitely be disallowed and not be considered.” But during the Nov. 4, 2015 meeting, OSCA head Mansueta N. Teleron admitted disregarding that provision. According to her, they continued accepting claims from January celebrants up to September that year. Mayor Edward C. Codilla approved another P6 million on top of the P11 million early that year to accommodate all claims for 2015 including those from the late filers. But Rama was so incensed upon learning that OSCA kept on accepting late filers that he blurted out to Teleron and City Social Welfare and
Drug suspect Ryan Requina after collared by the police after he was caught in flagrante in possession of illegal drugs of shabu.
suspension from p. 1
for Clarification and Reconsideration Bañez filed on January 26. Locsin is further accused of committing dishonesty for the use of the words “Carried unanimously” in Resolution 2016-04 even if the august body was split in its decision to suspend Bañez. Those who voted in favor of the suspension are councilors Rolando Villasencio, Mario Rodriguez, Tomas Serafica, Benjamin Pongos Jr., Vincent Rama and Eusebio Gerardo S. Penserga. On the other hand, those who voted against the suspension are councilors Ruben R. Capahi, Antonio M. Codilla, Pedro Godiardo P. Ebcas, John Eulalio Nepomuceno O. Aparis II, and Association of Barangay Chairmen president Mariano Y. Corro. It was only on March 3 that the SP tackled Bañez’s Urgent Motion for Reconsideration which was denied for lack of merit. The dismissal was reached through Resolution No. 2016-035 stating that the issues and arguments Bañez raised in his motion “are sorely lacking of substantial merit to cause a reversal of this Body’s decision…” During the discussion, Corro reiterated his position that Bañez be exonerated considering that the SP arrived at its decision based merely on position papers. He cited a Supreme Court (SC) decision stating that position papers will suffice only on administrative cases against appointed officials, not elected officials. “There
should have been a proper hearing in this particular case so that the respondent can be given the opportunity to cross examine the witnesses presented,” Corro said. “As pointed out in that (SC) decision, the evils of relying merely on a position paper is that [it is] prepared or [its preparation] is assisted by lawyers and if the lawyers are skillful, then you cannot detect the truthfulness of the supposed witness. That’s why relying on [a] position paper is not really the proper way of arriving at a decision in the case of elected public officials.” Corro also pointed out that Bañez was absolved of the charge Serious Dishonesty and Grave Misconduct and was charged of violating RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees particularly Section 4 paragraph A. “Nowhere in [that] law does it provide that any person who does not observe this norm of conduct (be) liable or (found) guilty. That’s why, to find the respondent guilty of violating this particular law is erroneous because this is not a punishable act,” he went on. But Pongos, who authored both resolutions, stuck to his decision, saying that Bañez had already appealed their decision to the Office of the President anyway which is why they will leave the final resolution to that office. As was before, the councilors were split on dealing with the Motion for Reconsideration with the same personalities voting on either side. Ferdinand Cruz
regional News
March 28-April 3, 2016
Leyteño Peryodiko
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Expedition ship docks at Limasawa Island ‘First Mass’ commemorated LIMASAWA Island, SLeyte --- An international cruise ship Caledonian sky of Zegrahm Expedition with more than 100 foreign passengers on board including vessel crew visited the island recently and held a short excursion there. The foreign guests came amidst the time of celebration of the First Mass in the Philippines when Portuguese World Explorer Ferdinand Magellan ended in this beautiful island while looking for spices in 1500s. The meditation of some of those religious Catholic faithfuls who came to the island for religious activities was a little bit disturbed because of the foreign guests. The vessel arrived from Camiguin island with 55 passengers and 74 crew members. Most of the guests were retired professionals from United States, Canada, New Zealand, England, Russia, South Africa, Spain
who travel to spend time mixing with other cultures in the world. Municipal Tourism Officer Remigilda Salomon revealed that the local government spent two weeks of preparation just to accommodate both foreign and local tourists. Salomon said that most of the guests have already visited the place once and admired the culture including the annual re-enactment of the First Mass giving them reason to be back. Local residents even presented a special show just to entertain the guests. Impressed guests The tourists were impressed by the presentation of selected students of Limasawa National High School and employees of Department of Tourism (DOT) Regional Office. The presentation included the reenactment of Magellan’s arrival, the First Mass Officiated in the island and special marriage ritual before Rajah Kulambu of Butuan. Part of the ritual was a dance presentation. Rajah
Violy miuban sa caravan sa bando KAUSABAN PALOMPON, Leyte -- Miuban ang kandidato sa pagka representante sa ika-4 nga Distrito sa Leyte nga si Engr. Violeta T. Codilla sa mga kandidato dinhi ning maong lungsod nga gipangulohan ni Eulogio Tupa alang sa pagkamayor ug Atty. Lloyd Surigao sa pagka-bise mayor sa ilang paglibotlibot sa lungsod sa gipahigayon nga caravan niadtong miaging semana. Ang mga dumadagan sa pagkakonsehal miuban pud sa maong caravan apil ang kandidato sa pagka-
board member nga si Atty. Presilo “Loloy” Martin. Human sa caravan, gihimo dayon ang usa ka rally didto sa junction sa diversion road sa Brgy. San Isidro diin tagsatagsa mga mibatbat ang mga kandidato sa ilang mga plata porma de gobyerno. Si Violy Codilla asawa ni Ormoc City Mayor Edward C. Codilla ang miyagyag sa iyang mga plano alang sa kapanginabuhian sa mga residente sa distrito ug labi na gayud sa mga kababaenhan. Siya misaad nga iyang bisitahon ang tanan mga
Siaiu was the one who welcomed Magellan. Some of the foreigners joined the dance presentation. Limasawa Mayor Melchor Petracorta expressed gratitude to the guests who showed appreciation over the hospitality of the local residents. Beautiful beach resorts What attract tourists in this island, is the white sand and affordable lodging houses. One good resort to visit is that one in Brgy Lugsongan. With only P20 entrance free, Dakdak resort is a 15-minute ride from the townproper. The only transportation means is habal-habal. The beach features beautiful coral reefs and coconuts around the resort with a diving board. Cottages can be rented at P500 and a room for P1,000. Caretaker Nucresia Lambot informed that the business is good during summer. But reservation must be made two months ahead. Another fine resort is the Bitoon beach resort in Brgy. Agustin. It
features some rock formations before reaching the resort proper. Sea water is very clear the beach is made of small pebbles . Cottages are being maintained by the barangay government. It can be reached in 15-minute trip by boat. Giant shell Another tourist attraction in the island town is the giant shell in Sitio Tega, also in Brgy. Agustin. Residents admit that the giant shells were already there before they came to live. A resident, Jasper Behinayas said residents don’t know why there are giant empty shell in their barangay. Tourism Officer Remegilda Salomon said similar shells can also be found near a cave at the hilly portion of the barangay. Town Mayor Melchor Petracorte said that the local government unit is doing its best to improve the road passages in order to provide easy access for the tourists. RCD
kabarangayan sa palibot sa distrito kay uhaw na sa pakighimamat sa ilang representante ang mga katawhan. Iya usab giyagyag ang iyang mga kasinatian sa kinabuhi ilabi na niadto naghigwaos pa siya sa kalisod. Ang mga kandidato sa pagka konsehal mao ang mibatbat kung unsa ang buot ipasabot sa KAUSABAN nga mga gayud ang tema sa ilang bando. Mao kini ang boot ipasabot sa maong pulong: K- Kahimtang sa Katawhan, Unahon nga gibatbat ni Arnel Urboda. kabahin sa mga programa sa Life, welfare, environment ug security. A- Alternatibong edukasyon, ipatuman, nga gibatbat ni Indoy
“Papa J” Pajaron ug kini kabahin sa industry need TechVoc, ALS, education U- Umahan, Panagat, suporthannga gibatbat ni fredo Nayra kabahin sa farms and fisheries development SSerbisyong panglawas, atimanon nga gibatbat ni Loloy Donaire, kabahin sa free, expensive health programs services Abag panginabuhi, Buhaton nga gibatbat ni Harvey Pinion nga programa kabahin sa supplementary/ alternative/ livelihood B- Batan-on ug kababayenan, Tabangan nga gihisgutan ni Eloy Bongbong, kabahin sa gender development, youth/child welfare A-Adminisrtrasyon ug Gobyerno nga gipadayag ni Boy Marquez kabahin sa tunhay nga sense of equality, being fair, firm and focus N- Naglambo nga lungsod, Siguroon nga gihisgutan usab ni Rudy Canson, kabahin sa growth equity, development sustainability and felt progress-incomes, produce ug uban pa. Si Atty Loloy Matin usab ang mipadadayag sa iyang plano alang sa distrito. Si Yoly Tupa ug si Atty Lloyd Surigao ang misaysay usab sa ilang mga kasinatian ug mga plano alang sa lungsod sa Palompon. RCD
The KAUSABAN team with Engr. Violy Codilla and Atty Loloy Martin posing before lensmen during their recent rally.
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Leyteño Peryodiko
Republic of the Philippines Supreme Court REGIONAL TRIAL COURT 8th Judicial Region Branches 12, Ormoc City SPOUSES CONSTANTINO ALVAREZ JR. AND LEONARDA CAPAROSO ALVAREZ, Plaintiffs, -versusHEIRS OF SEGUNDO GARCIA FERNANDEZ: ALICIA G. ALVAREZ, ARTURO G. ALVAREZ, AND CECILIA G. ALVAREZ, REGISTER OF DEEDS, ORMOC CITY AND CITY ASSESSOR, ORMOC CITY, Defendants. X----------------------------X Civil Case No. R-Orm-1300021-CV For: Consolidation of Ownership and Cancellation Of Title DECISION This is an action for consolidation of ownership ad cancellation of title filed by Spouses Constantino Alvarez, JR. and Leonarda Caparoso Alvarez, hereinafter referred to as plaintiffs for brevity against the Heirs of Segundo Garcia Fernandez: Alicia, Arturo and Cecilia, all surnamed Garcia-Alvarez, the Register of Deeds, Ormoc City and City Assessor, Ormoc City also hereinafter referred to as the defendants, for brevity. Plaintiffs in their complaint alleged, inter alia, that individual defendants are single, Filipinos and residents of Ormoc City as per entries in Original Certificate of Title No. 0-592 issued by the Register of Deeds, Ormoc City for Lot No. 689. However, said defendants have never been in Ormoc City. If not, they have long left Ormoc City before the second World War and their present whereabouts are not known. They appeared in OCT No. 0-592 as the owners of parcel of land, designated as Cadastral Lot No. 689, situated at corner Burgos and Mabini Streets, Ormoc City, bounded on the North by Mabini Street and Lot No. 687; on the South by Burgos Street; on the east by Lot No. 691 and on the West by Mabini Street; Containing an area of THREE HUNDRED THIRTY (338) square meters, more or less, covered under Tax Declaration No. 0100300019 R-10 and covered by Original Certificate of Title No. 0-592 issued by National land Titles and Deeds Registration Administration and the registered of Deeds of Ormoc City and declared under the name of Segundo Garcia. Originally, the owner of the aforesaid land was the late Segundo Garcia Fernandez (Segundo). In 1928, due to illness, Segundo
left for Spain and has not returned up to the present. While in Spain, he left two (2) administrators for the subject land who both died in 1931. After the death of his administrators, Segundo abandoned the subject land. Segundo allegedly had three (3) children, the defendants herein, who were Spanish citizens and for all the time residing in Spain. As shown in the decision of the Supreme Court dated February 29, 1988 in a case docketed as G.R. No. 60443 emanating from the cadastral proceedings involving the subject land and other records from the cadastral proceedings, more than fifty years ago, in 1932, the Director of Lands filed with the Court of First Instance of Leyte a petition for the settlement and education of titles over certain lands in Ormoc Cadastre. One of the lands included in the proceedings was Lot No. 689 located in the town (now city) of Ormoc, containing an area of 338 square meters, more or less. For several years, no one laid claim to this Lot No. 689 despite notice having been given in accordance with law. In 1932, the cadastral court ordered all claimants to file their claims for the subject lot on February 4, 1933. Despite several extensions motu proprio granted by the cadastral court nobody filed a claim on the said lot. So, an order of general default was issued and the dismissal of the cadastral proceeding as regards said lot was ultimately entered. On July 22, 1940, defendants who stated that they were the legitimate children and only heirs of the deceased spouses, Segundo Garcia Fernandez and Eulogia Alvarez, filed a petition with the Court of Appeals to lift the order of default based on Section 513 of the old Code of Civil Procedure which was however dismissed on technical grounds by decision rendered on September 27, 1940. In 1940, after receiving the adverse resolution of the Court of Appeals, defendants abandoned the land believing that they could no longer claim any right over the land since their petition was dismissed. Defendants were never citizens of the Philippines; they were never in actual, open, continuous, exclusive and adverse possession of the land in the concept as owner. Defendants were all the time living in Spain as they were residents and citizens of Spain. In fact, defendants are not in possession of the title of the land. In addition, during the cadastral proceedings and the proceedings before the Court of Appeals and Supreme Court, defendants never appeared in person. In fact, in his letter-reply to Atty. Teoduro T. Carvajal, the Spanish consul to the Philippines stated that as per letter of the Mayor of Langreo, Asturias, Spain, there is no record in the Municipality of Langreo, Asturias, Spain
Legal Notice
March 28-April 3, 2016
that defendants were residing thereat from 1981 up to 1988. Meanwhile, Lot No. 689 is a private property. However, having been abandoned by the original owner, the land is one without an owner; and such, it pertains to the state as part of the patrimonial property under the principle that lands without an owner belong to the state. While the same cannot be acquired by occupation under Article 714 of the New Civil Code, it can be acquired by the law on acquisitive prescription as provided in Article 1113 of the New Civil Code. Said Article 1113 provides thus: All things which are within the commerce of man are susceptible of prescription, unless otherwise provided. Property of the state or of any of its subdivisions not patrimonial in character shall not be object of prescription. Plaintiffs have been in open, continuous, adverse and peaceful possession in concept of an owner of the subject parcel of land (Lot 689 located in Burgos St., Ormoc City) for more than fifty (50) years. Plaintiffs have paid the taxes due to thereon. Plaintiffs have not been sued over the subject lot as they never received judicial summons involving the subject lot. As such, plaintiffs have acquired ownership over the land by virtue of the law on acquisitive prescription as provided in Art. 1137 of the New Civil Code which provides thus: Art. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith (1959a) That plaintiffs therefore stressed that Original Certificate of Title (OCT) No. 0-592 for Lot 689 is null and void inasmuch as defendants were never citizens of the Philippines: defendants were never in actual, open, continuous, exclusive and adverse possession of the land in the concept as owner. Defendants were all the time residents and citizens of Spain. In fact, defendants are not in possession of the title of the land. In addition, there is no showing that during the cadastral proceedings and the proceedings before the Court of Appeals and Supreme Court, defendants were still living. In fact, in his letter, the Spanish consul to the Philippines stated that per letter of the Mayor of Langreo, Asturias, Spain, There is no record in the of Municipality of Langreo, Asturias, Spain that defendants had been residing thereat from 1981 up to 1988. Hence, they prayed that judgment be rendered as follows: Declaring Lot No.689 as an abandoned land and plaintiffs as owners of Lot No. 689 by the law on acquisitive prescription; Declaring OCT No. 0-592 as null and void. Ordering the defendants Registrar of Deeds to cancel OCT No. 0-592 and issue
a new Transfer Certificate of Title in the name of the plaintiffs; Ordering defendants City Assessor, Ormoc City to cancel tax declarations in the name of Segundo and/or defendants for Lot No. 689 and issue a new one in the name of plaintiffs. Summons upon defendants Register of Deeds and City Assessor were duly served on April 19, 2013. Upon motion for leave filed by plaintiffs upon the ground that defendants’ whereabouts are unknown and cannot be ascertained despite inquiry, in accordance with Section 14, Rule 14, 1997 Rules of Civil Court, summons upon defendants Heirs of Segundo Garcia Fernandez was served by publication in the Leyte-Samar Daily Express on May 29, June 5 and 12, 2013. Defendants failed to file their answer within sixty (60) days from the date of last publication. Upon plaintiffs’ motion, defendants Heirs were declared in default. Pursuant to Section 3, Rule 9 of the 1997 Rules of Civil Procedure, reception of evidence ex-parte was ordered to be held before Branch Clerk of Court, Atty. Carl A. Magsoling. On July 17, 2013, plaintiffs filed a motion to take the deposition of plaintiff Leonarda Alvarez which was granted by the Court. Accordingly, on July 22, 2013, the deposition of plaintiff Leonarda Alvarez was taken and completed before Notary Public Atty. Josephine Mejia-Romero. On September 6, 2013, hearing for ex-parte reception of evidence was held. Plaintiffs presented their first witness, Narciso Edwin Alvarez, who testified to substantiate the allegations in their complaint. On direct examination, witness identified certain documents and the copy of his judicial affidavit; he affirmed and confirmed that all the contents of his judicial affidavit were true and correct. By way of his judicial affidavit, he testified that plaintiffs Constantino and Leonarda Alvarez are his parents. He knew Segundo Garcia Fernandez because he was his father’s uncle, he being the brother-in-law of his grandfather, Constantino Alvarez, Sr. Segundo used to be the owner of Lot No. 689, situated at corner Burgos and Mabini Streets, Ormoc City, containing an area of 338 square meters, more or less, covered by original Certificate of Title No. 0-592 issued by the National Land Titles and Deeds Registration Administration and the Register of Deeds of Ormoc City. He has not met Segundo because the latter left for Spain in 1928 and never came back. Segundo appointed two (2) administrators for the land but after their deaths, he abandoned the land. He had three (3) children, the defendants in this case. He also did not meet them. The defendants have not also seen the land nor have they
occupied it because they never came to the Philippines. Defendants, as heirs of Segundo, also abandoned the land. He knew it because it was his parents who were the ones occupying the subject parcel of land for time immemorial now. His parents constructed a building on the land. They were also the ones collecting the rentals. They are claiming the land as owners. Since 1932 up to the filling of the case, it was his parents who have been in actual, open, continuous, peaceful and public possession of the land in the concept of owner. There has been no case filed against his parents questioning their claim and possession of the land. They are the ones paying the realty taxes due on the land ever since up to the present. They constructed a building on the land and they have been leasing it to the public and are the ones collecting the rentals. On April 2, 2014, plaintiffs presented Leonarda Alvarez as their second witness to prove the material allegations in the complaint. On direct examination, witness identified her judicial affidavit and confirmed and affirmed that all its contents were true and correct. By way of her judicial affidavit, she testified that Constantino Alvarez, Jr., his co-plaintiffs, is her husband. Segundo Garcia Fernandez is the uncle of her husband Constantino. Segundo is the brother-inlaw of Constantino Alvarez, Sr. who is the father of Constantino, Jr. She did not meet Segundo but she saw his pictures with the father of Constantino, Jr. Segundo used to be owner of Cadastral Lot No. 689, situated at cornr Burgos and Mabini Streets, Ormoc City with an area of 338 square meters, more or less. It is covered by Original Certificate of Title No. 0-592 issued by National Land Titles and Deeds Registration Administration and the Register of Deeds of Ormoc City which is marked as “Exhibit A”. She and her husband did not personally know the defendants who are the children of Segundo. They have not met them as they have not come to Ormoc City. Defendants have not also seen the land nor have they occupied it. That is the plaintiffs they personally know of these facts because she and her husband are the ones occupying the land. They constructed a building on the land and rented it out to the public. They were also the ones collecting the rentals. They are claiming the land as owners. If defendants were in Ormoc, they would have confronted them about the land they are occupying and claiming as owners. That in 1928, due to illness, Segundo left Spain and has not returned up to the present. While in Spain, he left two (2) administrators for the subject land who both died in 1931. After the death of his administrators, Segundo abandoned the subject land. Since then, he has not come back. Neither his three (3)
heirs who are the registered owners has come to Ormoc City to assert their rights over the land. She knows of these from the conversation between her husband and his father Constantino Alvarez, Sr. In addition, she has read the decision of the cadastral proceedings conducted on the said land rendered by the Supreme Court on February 29, 1988. They been in actual, continuous, peaceful and adverse possession in the concept of owner for more than 60 years now. There has been no case filed against them over their claim on the land. They are the ones paying the realty taxes due on land ever since up to the present. As reliefs, she prayed for judgment (a) declaring Lot No. 689 as an abandoned land and they as plaintiffs are owners of Lot No. 689 by the law on acquisitive prescription; (b) declaring OCT No. 0-592 as null and void (c) ordering defendant City Ambassador, Ormoc City to cancel tax declarations in the name of Segundo and/or defendants for Lot. No. 689 and issue a new one in the name of plaintiffs. During the proceedings before the Commission, plaintiffs offered the following exhibits. Exhibit “A” – OCT No. 0-592 Exhibit “B” – Supreme Court “Decision” in the case of Constantino Alvarez, Jr., et al., vs. Court of Appeals docketed as CA G.R. no. 60443. Exhibit “C” – Judicial Affidavit of Leonarda Alvarez; Exhibit “D” – and series – Official receipts for payment of Realty taxes; Exhibit “E” – Decision in Cad. Case No. 19, GLRO Rec. No. 1456, Lot No. 689; Exhibit “F” – Filing of Deposition and Notice; Exhibit “G” – O.R No. 4142548-N; Exhibit “I” – Judicial Affidavit of Narciso Edwin Alvarez; Exhibit “J” – Tax Declaration No. 01003-00019 Exhibits “A”, “B”, “C”, “D”, “E”, “F”, “G”, “I”, and “J”, being material and relevant, were admitted by the Court. Likewise, the commissioner’s report dated April 3, 2014 filed by Court Appointed Commissioner, Atty. Carl A. Magsoling was approved by the Court. With the admission of the foregoing exhibits, this case was submitted for decision. On May 27, 2014, Atty. Cleto L. Evangelista, Jr. filed an urgent motion for intervention. Plaintiffs filed their opposition. Prospective intervenor filed his rejoinder. Plaintiffs filed their comments on the rejoinder. On June 148, 2014, the Court resolved to deny the motion for intervention. Movant filed a motion for reconsideration which was also denied for lack of merit. With the denial of the motion for intervention and motion for reconsideration, the case, for the second time was again declared as submitted for decision.
For resolution are the following issues submitted by the plaintiffs: Whether or not the land subject of the case can be acquired by acquisitive prescription. Whether or not, plaintiffs have acquired the land by virtue of the law on acquisitive prescription. Before resolving the foregoing issues, it is noteworthy to point out that under Section 3, Rule 9, 1997 Rules of Civil Procedure, if defendant falls to answer within the time allowed therefore, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the depending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. For emphasis, said provision reads thus: SEC. 3 Default; declaration of.- If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party which notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. While based on the above provision, the defendant having been declared in default, the court can proceed to render judgment granting the claimant such as his pleading may warrant. However, to ensure that the decision that may be rendered in this case is based on established factual evidences, the court resolved to require the plaintiffs to present their pieces of evidence before the Branch Clerk of Court. On the first issue, the Court rules that Lot No. 689, the land subject of the case, can be acquired by acquisitive prescription. Under Article 1113 of the New Civil Code, all things which are within the commerce of man are susceptible of prescription, unless otherwise provided. Property of the state or of any of its subdivisions not patrimonial in character shall not be object of prescription. For emphasis, said Article 1113 of the New Civil Code provides thus: “All things which are within the commerce of man are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivision not patrimonial in character shall not be the object of prescription.” In resolving this issue, the court saw it fit to look into status of the subject land. A shown in Exhibit A, Lot 689
Legal Notice has been registered in the names of the defendants as owners under OCT No. 0-592 (Exhibit “A”) and is described as follows: “A parcel of land, designated as Cadastral Lot No. 689, situated at corner Burgos and Mabini Streets, Ormoc City. Bounded on the North by Mabini Street and Lot No. 687; on the South by Burgos Street; on the east by Lot No. 691 and on the West by Mabini Street; Containing an area of THREE HUNDRED THIRTY (338) square meters, more or less, covered under Tax Declaration No. 01003-00019 R-10 and covered by Original Certificate of Title No. 0-592 issued by National land Titles and Deeds Registration Administration and the Register of Deeds of Ormoc City the declared under the name of Segundo Garcia”. Originally, the owner of the aforesaid land was the late Segundo Garcia Fernandez (Segundo). In 1928, due to illness, Segundo left for Spain and has not returned up to the present. While in Spain, he left two (2) administrators for the subject land who both died in 1931. After the death of his administrators, Segundo abandoned the subject land. Segundo allegedly had three (3) children, the defendants herein, who were Spanish citizens and were all the time residing in Spain. They also abandoned the land. As shown in the decision of the Supreme Court dated February 29, 1988 in a case docketed as G.R No. 60443 (Exhibit “B”) emanating from the cadastral proceedings involving the subject land and other records from the cadastral proceedings, more than fifty years ago, in 1932, the Director of Lands filed with the Court of First Instance of Leyte a petition for the settlement and adjudication of titles over certain lands in the Ormoc Cadastre. One of the lands included in the proceeding was Lot No. 689 located in the town (now city) of Ormoc, containing an area of 338 square meters, more or less. For several years, no one laid claim to this Lot No. 689 despite notice having been given in accordance with the law. In 1932, the cadastral court ordered all claimants to file their claims for the subject lo on February 4, 1933. Despite several extensions granted by the Court motu propio, nobody filed a claim on the said lot. So, an order of general default was issued and the dismissal of the cadastral proceeding as regard said lot was ultimately entered. From the records, it appeared that on July 22, 1940, defendants who stated that they were the legitimate children and only heirs of the deceased spouses, Segundo Garcia Fernandez and Eulogia Alvarez, filed a petition with the Court of Appeals to lift the order of default based on Section 513 of the old Code of Civil Procedure which was however dismissed on
technical grounds by decision rendered on September 27, 1940. In 1940, after receiving the adverse resolution of the Court of Appeals, defendants abandoned the land believing that they could no longer claim any right over the land since their petition was dismissed. Defendants were never citizens of the Philippines; they were never in actual, open, continuous, exclusive and adverse possession of the land in the concept as owner. Defendants were all the time living in Spain as they were residents and citizens of Spain. In fact, defendants are not in possession of the title of the land. In addition, during the cadastral proceedings and the proceedings before the Court of Appeals and Supreme Court, defendants never appeared in person. In fact, in his letter-reply to Atty. Teoduro T. Carvajal, the Spanish consul to the Philippines stated that as per letter of the Mayor of Langreo, Asturias, Spain there is no record in the Municipality of Langreo, Asturias, Spain that defendants were residing thereat form 1981 up to 1988. That defendants and their predecessor-in-interest have abandoned is further shon by the following facts: First, defendants could not be found in the land subject of the case or in the address indicated in the title or in any part of Ormoc City. In fact, summons was served by publications because their whereabouts are unknown. In other words, they are no longer in the Philippines and do not have any intention to claim the land. Second, they have not filed their answer to the complaint despite the publication of the summons and the copy of the complaint. Consequently, they were declared in default. Third, according to the judicial affidavit of witness Leonarda Alvarez (Exhibit “C”) and the judicial affidavit of Narciso Edwin Alvarez (Exh. “I”), defendants never came to the land. They were never in possession of the land because they (plaintiffs) are the actual possessors of the land. Plaintiffs introduced improvements on the land. Defendants did not come to question it. They are the ones leasing out and collecting rentals of the building. Clearly, the land subject of the case is an abandoned private land, which conclusion is supported by several jurisprudence. Under applicable jurisprudence, abandonment is the physical relinquishment of a thing plus clear intention not to reclaim or reassume ownership or enjoyment thereof (Yu v. De Lara, L-16084, November 30, 1962; 6 SCRA 787). It is the actual, absolute and irrevocable desertion of one’s right or property (Teoduro v. Macaraeg, L-20700, February 27, 1969). The act of forsaking completely or giving up absolutely, with no intent to resume again one’s
March 28-April 3, 2016 right or interest over a thing or right (Cordero v. Aldeano, 14226-CAR, February 28, 1983). The surrender, relinquishment, disclaimer, or cession of property or of right. The voluntary relinquishment of all right, title, claim and possession, with the intention of not reclaiming it. The giving up of a thing absolutely, with out reference to any particular person or purpose. The voluntary relinquishment of possession of a thin h by its owner with the intention of terminating his ownership, but without vesting it in any other person. The relinquishment of all title, possession, or claim, or virtual, intentional throwing away of property (Heirs of Ramon Cabrera v. Cebu Country Club Inc., CV-06194, December 11, 1986). In other jurisdiction, res nullius, is a Latin-based legal term that refers to a property or object that has no owner or has been abandoned. The term is derived from Roman law and, when translated, literally means “nobody’s property”. There are a variety of objects that can be claimed as res nullius and are considered ownerless property, meaning they are free to be owned. In this definition, the object, or ‘res’, must be something a person can claim to own. While the law covers animals and land, the object in question cannot be a person, though its original meaning covered slaves as property rather than as people. As stated by law, if the owner of an object abandons or gives up his property, then it is automatically deemed res nullius. Traditionally, the abandoned property can then be owned by any person and the person who first takes possession of said property is deemed its rightful owner. A property or possession that has been abandoned by its owner is equally as res nullius as something that never had an owner in the first place. This principle means res nullius is also often used as a term to describe a situation in which a nation may stake a claim to unmarked territory. The territory is res nullius and has no owner, so the nation staking claim would gain control over the territory once one of its citizens steps foot on the uncharted land. In these specific situations, when a nation actually claims an unmarked territory is formally referred to as terra nullius. Thus, although Lot No. 689 is a private property, having been abandoned by the original owner, the land is one without an owner. It is a res nullius. However, under our Regalian doctrine, abandoned private lands belongs to the state. It pertains to the state as part of the patrimonial property under the principle that lands without an owner belong to the state. While the same cannot be acquired by occupation under Article 714 of the New Civil Code, it can be acquired by the law on acquisitive prescription as provided in Article 1113 of the New Civil Code as already above-quoted.
Hector de Leon, Jr., in his book, Comments and Cases on Property, fifth ed., January 2007, pp. 588 to 589, said thus: Suppose a private land is abandoned by the owner, can the State claim ownership? There is no law that says that such land becomes the property of the State. Since Article 714 makes no distinction between land which never had an owner and a land originally with an owner but later abandoned, it would seem that land cannot be acquired by occupation, whether by private persons or by the State. This interpretation would, however, lead to the absurd situation of an abandoned land remaining perpetually res nullius and not capable of being acquired by prescription. It is submitted that abandoned lot may be considered as land without an owner and, therefore, pertains to the State as part of its patrimonial property (see Art.424.), not by virtue of occupation but on the legal principle that land without owner belongs to the State. The land cannot be acquired by occupation by private person under Article 714 but it may be acquired by prescription. (see Art.1113) Also, Edgardo L. Paras, in his book, Civil Code of the Philippines Annotated, 11th ed., p. 653 said thus: Although it is a fact that lands which never had an owner belong to the State, still it is true that there is no legal express provision authorization the State to become owner of land which formerly was owned by someone. In view however of Art. 714, it is submitted that it can now be implied that all lands whether originally with an owner, or without one, and which at present have no owner belong to the State. It is likewise submitted that abandoned land (one with an owner before) becomes patrimonial property of the Sate susceptible of acquisition thru acquisitive prescription. Based on the opinions of the two (2) legal luminaries, Lot 689, being an abandoned private land, can be acquired by virtue of the law on acquisitive prescription as provided in Article 1113 of the New Civil Code of the Philippines. On the second issue, the Court finds that plaintiffs have acquired the land subject of the case by virtue of the law on acquisitive prescription. Under Article 1106 of the New Civil Code, acquisitive prescription is a mode of acquiring ownership and other real rights through lapse of time in the manner and under the conditions laid down by the law. For emphasis, Article 1106 of the New Civil Code provides thus: Art. 1106. By prescription, one acquires ownership and other real rights through lapse of time in the manner and under the conditions laid down by law. In the same way, rights and actions are lost by prescription. Under Article 1117 of the New Civil Code, acquisitive
Leyteño Peryodiko
prescription of dominion and other real rights may be ordinary or extraordinary. Ordinary prescription is governed by Article 1134 of the New Civil Code which provides thus: “Art. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years”. Meanwhile, extraordinary prescription is governed by Article 1137 of the New Civil Code which provides thus: “Art. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith”. Jurisprudence is one that ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law which is 10 years. However, in extraordinary prescription which requires possession for thirty (30) years, good faith and just title are not required. They are not requisites for extraordinary prescription. Thus, for extraordinary prescription, only the following are required, to wit: Capacity of acquirer to acquire by prescription Capacity of loser to lose to lose by prescription Object must be susceptible of prescription Lapse of required period of time of thirty (30) years The possession must be: In the concept of owner Public Peaceful Continuous or uninterrupted In extraordinary prescription which requires possession of 30 years, only the foregoing requires for one to acquire ownership by prescription over the land. Plaintiffs have met the requisites to acquire the land under extraordinary prescription. First, plaintiffs have the capacity to own the subject land by acquisitive prescription, they being Filipino citizens and of major age. They have all the qualifications provided by law to own lands and none of the disqualifications. Second, the land subject of the case as stated above is an abandoned private land and as opined by the two (2) legal luminaries mentioned above, it can be acquired by prescription or susceptible to prescription. As shown in the judicial affidavits of Leonarda Alvarez (Exhibit “C”) and Narciso Edwin Alvarez (Exh. “I”) which serve as their testimonies, plaintiffs have been in open, continuous, adverse and peaceful possession in concept of an owner of the subject parcel of land (Lot 689) for more than fifty (60) years. They have constructed on the land a building which both served as portions being leased out to various lessees. Quoted from plaintiff’s memorandum, in his testimony, witness Narciso Edwin Alvarez, Jr. said: “Q Are you familiar
with this Lot No. 689 which is the subject of this case? A Yes, Sir, I am. Q Why are you familiar with this Lot? A Because we live in that place for more than 50 years already. Q What can we find in this Lot 689? A At present there are buildings. Q When was the building constructed? A In 1950s. Q You mentioned that you lived this land for more than 50 years, are you trying to impress this Honorable Court that you are living in this building constructed on that land? A Yes, Sir. Q Who constructed the building? A My father. Q Can you tell us the name of your father? A C o n s t a n t i n o Alvarez, Jr., Q Can you tell the Court the name of the wife of Constantino Alvarez, Jr.? A L e o n a r d a Alvarez. Q Can you tell the Court your relation to Constantino Alvarez and Leonarda Alvarez? A They are my parents, Sir. Q Who is the owner of this Lot 689? A My father Q Has there been any person who comes to your father to claim that he is the owner of this Lot? A No one, Sir. Q Has there been a case filed against your father before the barangay or before the Court by person claiming to be the owner of this Lot 689? A No, Sir. Q Do you know of your own personal knowledge whether the owners this land as stated in the transfer certificate of title, the heirs of Segundo Alvarez have come to Ormoc? A No, Sir. Q What is your relation to the heirs of Segundo Alvarez? A They are the cousins of my father. Q Have you even met them? A No, Sir. Q You have not meet them because they have not come to Ormoc? A Yes, because they live in Spain Q You mentioned in your affidavit that your father was the one paying taxes for the land, do you have proof to that effect? A Yes, Sir. TSN, M. C. Perez, September 6, 2013, pp.8-9” As stated in the judicial affidavit of Narciso Edwin Alvarez (Exh.”I”), plaintiffs have paid the taxes due thereon as shown in Exhibits “D” and its submarkings. In our jurisprudence, payment of taxes is anindicia of possession in the concept or owner. Tax receipts are evidence of ownership acquired by prescription when the payor is in possession of the land as in this case (Republic
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vs. Barandiaran, 538 SCRA 705). Third, plaintiffs have not been sued over the subject lot as they never received judicial summons involving the subject lot. Nobody has come to plaintiffs to claim ownership over the land. Hence, their possession of the land has been peaceful. Fourth, the land is alienable and disposable as shown by the fact that it is a titled land. Clearly, plaintiffs have acquired the land by the law on acquisitive prescription. Plaintiffs, therefore, became the lawful owners thereof by acquisitive prescription. As stated above, while based on the above provision, the defendant having been declared in default, the court can render warrant. However, to ensure that the decision that may be rendered would be based on established facts, the court resolved to require the plaintiffs to present their evidence before the Clerk of the Court. Aside from the fact that defendants were declared in default which allows the Court to grant the reliefs prayed for in the complaint, the pieces of evidence presented during the ex-parte hearing of the case all the more make the court convinced that plaintiffs have acquired ownership over the land by virtue of the law on acquisitive prescription as provided in Art. 1137 of the New Civil Code. In short, plaintiffs are now the lawful owners of Lot No. 689. WHEREOF, in view of the foregoing disquisition, judgment is hereby rendered declaring plaintiffs as the lawful owners of Lot 689 and consequently, ordering the Register of Deeds of the City of Ormoc to cancel Original Certificate of Title No. 0-592 of the lot 689 and issue a new one in the name of plaintiffs and ordering the City Assessor of Ormoc City to cancel the current tax declaration of Lot No. 689 under the name of Segundo Garcia and to issue a new one in the name of the plaintiffs. Further, OCT No. 0-592 in respect to the defendants as owners is declared ineffective and without force and effect. Furnish plaintiffs, defendants and public defendants copies of this decision. Plaintiffs are directed to publish once copy of this decision in the same newspaper which published the summons and the complaint, Leyte Samar Daily Express. SO ORDERED. In chambers, Hall of Justice, Ormoc City, Philippines, 09 March 2016. (SGD) JAMES CLINTON R. NUEVO Copy furnish: Sps. Constantino and Leonarda Alvarez Hrs. of Segundo Garcia Fernandez Register of Deeds Ormoc City City Assessor Ormoc City Atty. Remegio Torres 63-A General Maxilom Avenue, Cebu City
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Leyteño Peryodiko
March 28-April 3, 2016
Opinyon
Comelec favors Pacquiao? Those who do not like the 8-division world boxing champion Manny “Pacman” Pacquiao to bid for a senatorial seat, asked the Commission on Election (Comelec) to stop the PacquiaoBradley fight because according to them, the congressman will be violating certain Comelec rule if the fight would push through. The main accuser is former Akbayan lawmaker Walden Bello, who seems to dislike Pacquiao so much. According to him, if the people’s champ would push through the fight and it is aired, Pacman would be taking advantage of the fight in order to advance his political campaign agenda. This would be unfair for his opponents, Bello argued. Now that the Comelec has ruled in favor of Pacquiao by stating that the agency cannot stop the fight and can’t even prohibit its broadcast, Bello is fuming. “It is disgraceful for the Comelec to refuse to take action on a violation of its own rules. The Comelec has taken a cowardly stance and has clearly
been intimidated by the perceived unpopular nature of a decision to tell Pacquiao to desist from violating its rules,” Bello said. “I think we can say here that Pacquiao has knocked out the Comelec,” he said. Bello seemed to be envious of Pacquaio’s senatorial bid because he might see his former colleague in the House of Representatives soon taking seat in the senate after the May 9 elections. Pacquiao’s opponents do not like the idea of having the fight during the height of the campaign period. According to them, the Filipino world champ would be getting a tremendous media mileage, which they argued would amount to undue advantage over his senatorial opponents and this would be a clear violation of Fair Elections Act of 2001. Comelec chairman Andres Bautista said the fight “is not within our control. We are not in a position right now to stop it because it has not happened yet. There is a possibility of it not happening”. “Courts are not supposed to rule on hypothetical or contingent possibility. We are supposed to rule on actual controversy involving rights which are legally demandable and enforceable,” Bautista stressed. For now, it is clear that even Comelec commissioners and personnel also want to see the fight pushed through and, obviously, want Pacquiao to win.
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Diha mailhan ang tinood nga mga supporters
HAYAHAY gyud kining si Davao City Mayor Digong Duterte tungod kay wala kaayoy gasto sa iyang pagpangampanya. Ang rason niini mao ni. Tungod kay ang iyang mga supporters mogastos sa ilang kaugalingon. Sama ba dinhi sa Ormoc, dili lang kay usa ka grupo ang nagapromote sa kandidatura ni Duterte. Gawas pa kini sa mga tawong misakay lang gyud sa pagka-popular ni Duterte. Ang original nga grupo nga nagsugod na’g kampanya bisan pa sa wala pa mideklarar og kandidatura ang mayor mao kini silang ginapaluyohan sa usa ka fraternity. Hinoon dili tanan nga apil sa grupo sa supporters, mga miyembro sa maong fraternity. Ang ilang ginasuportaan nga bise presidente mao si Senator Alan Peter Cayetano.
walay pakialam kon kinsa ang bise presidente. Bahala’g kinsa ang bise basta ang presidente, si Duterte lang gyud.
si Binay ug dayon si Duterte. Gamay ra ang ilang ligas. Apan sa uban probinsya sa Bicol, kanunay ikaduha si Duterte.
**** Ang mga haciendero karon dinhi sa dakbayan ilabi na kining mga Larrazabals, uban ang mga negosyante, ang ilang presidente si Duterte lang gihapon. Matud pa, gusto nila ang kausaban. Gani ilang ginabandera nila ang slogan nga “change is coming”.
Apan kon tigumon ang mga botos sa tibook nasud, walay lain nga mogawas nga winner, si Duterte gyud. Sa Mindanao na lang daan, 60 ka porsento si Duterte. Ang 40 ka porsento ang bahinon sa upat ka kandidato. Sa Visayas, 40 ka porsento ang kang Duterte ug 60 ka porsento bahin sa upat.
Ang uban pud, mao ang kadtong mga nagsakay-sakay lang sa kasikat ni Duterte, walay pakialam kon kinsa ang bise. Hinoon kadaghanan nila si Richard ang ginaduso dili si Mayor Ondo sa pagka-mayor dinhi sa dakbayan. Nagtoo tingale sila nga kon mosakay sila ni Duterte modaug si Richard sa pagkamayor sa Ormoc. Hinoon, ila nang katungod sa paghuna-huna. Matagusa nato naay katungod sa paghunahuna kon unsay ato gusto hunahunaon.
Sa Luzon, bisan 30 ka porsento lang si Duterte, daug na sa Mayo. Makabaton na gyud og Presidente ang Pilipinas nga usa ka Bisaya nga atua sa Mindanao nagpuyo. Dugay na nga panahon nga gipaabot sa mga bisdak ug mga taga-Mindanao nga dunay Presidenteng dili taga-Luzon.
Tan-awon nato kon unsay gama sa Presidente nga dili diretso managalog pero tul-id ang inenglisan. Pero ang importante, makabaton na gyud og kausaban ang nasud ilabi na kong hisgotan ang kriminalidad. Panahon na **** Sumala sa labing uwahing para iban-ibanan tingale ang mga survey sa Pulse Asia, si Duterte kriminal dinhi sa atoa. ang most preferable nga Mao na nga kamong mga kandidato sa pagka-Presidente didto sa National Capital Region boluntaryong mga supporters ni (NCR). Sa Bicol region, morag Duterte, dalaygon ang inyong buhat balance ang pagkabahin sa mga nga magsigeg pangampanya para ni presidentiables. Sa Camarines Duterte bisan walay kaayuhan nga Naa say grupo nga si Duterte Sur, medyo labaw gamay si Roxas, madawat. Kamo ang mga tinood lang gyud ang gikampanya ug ikaduha si Meriam, ug nagsunod nga supporters ni Duterte. Aduna say grupo nga aktibo gihapon sa pagkampanya matag Domingo. Magsuroy-suroy gyud sila. Ilang gastos tanan apil na ang gasoline ug isnak. Wala mangayo didto sa buhatan ni Duterte. Kugihan sila pagpromote sa kandidatura ni Duterte apan lahi ang ilang bise presidente. Ang ilang gidala mao si Senador Bongbong Marcos. Mao na nga inay DuterteCayetano, nahimo na hinoon nga Duterte-Marcos.
Regional News
March 28-April 3, 2016
Leyteño Peryodiko
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Naval-Caibiran cross country road (NCCCR) slowly preparing for future widening NAVAL, Biliran- The Department of Public Works and Highways (DPWH) Biliran District Engineering Office (BDEO) Acting Chief of Planning and Design Section, Engr. Rosario B. Rosete revealed that they are slowly preparing a portion of NavalCaibiran Cross Country Road (Calumpang Road Section) for future road widening project. Engr. Rosete, during an interview said that the construction of covered drainage along Calumpang Road section has been strategically located after a one lane space on both sides from its existing pavement to prepare it for future widening project. “Parang widening na rin yan kasi 1 lane ang prinepare naming as shoulders sa left and right side ng road”, said Rosete. However, Engr. Rosete clarified that it is still not a road widening project in as much as
the thickness of the pavement does not conform to the standards of a widened pavement considering that the main project is construction of drainage only. She explained that Widening is the construction of one lane pavement with a width of 3.05 m. on both sides of the existing pavement with a thickness of 0.28 meters. She further disclosed that as of now they are still hesitant to widen the road in front of the Municipal Hall to the Philippine Port Authority because the office will not be paying anymore for the damages affected by the widening project. She explained that as per advice by legal authorities of the DPWH Regional Office VIII, payment for damages is not allowed since the road is a National Road. It was also informed that BDEO is the only District Engineering Office that was paying for the damages affected
No. 8 sa drug watch list sa PS2 nadakpan ORMOC CITY -Pusil, bala, kwarta, druga ug mga paraphernalia ang nasakmit sa mga kapolisan human gipahigayon ang usa ka raid sa uka ka balay didto sa Sitio 2B, Brgy. Valencia ning siyudad niadtong miaging semana. Giila ni P/SInsp. Orlando Viacrusis, ang suspek nga si Reynaldo Gonzaga y Lorenzana, 40, minyo apan walay trabaho ug residente sa maong lugar. Apil nga nasakpan ang handler sa manokan nga si Brandon Yakit y Amoroto, 21, ulitawo ug residente sa gikaingon nga lugar.
P also A lerto !?
Ang suspek, giingon nga No. 8 sa listahan sa mga suspetsado sa maong istasyon. Nasakmit gikan sa suspetsado ang usa ka kalibre 45 nga may tatak Grandmaster ug serial no. 317526, usa ka magazine ug usa ka bala. Nakuha pud ang 11 ka pakete sa ginadudahang shabu, paraphernalia ug P5,040 nga cash. Nakuha pud sa bulsa sa suspek ang usa ka P500 bill. Walay pulong nga gibuhian ang suspek. Gisaksihan ang pag-aresto nila ni Valencia Chairman Alfredo Roble ug Kag. Diosdado Jusay Jr. Kasong pagsupak sa RA 9165 ang ipasaka batok sa suspek. RCD
by the road widening project in Region VIII. There is an estimated P50 M. damages of property on the said section if ever road widening will be implemented. “Kaya hesitant kami mag-widen from Municipyo to downtown kasi walang bayad at malalaki ang madadamage kaya titigil muna kami, pero possible for widening talaga yan kasi malaki ang AADT (Annual Average Daily Traffic) nyan”, said Engr.
Rosete. Along Naval-Caibiran Cross Country Road (Calumpang Road Section) lies several government agencies both local and national agencies such as the Naval Provincial Capitol, National Food Authority(NFA), Department of Agriculture (DA), Department of Tourism and the Department of Public Works and Highways (DPWH)Biliran. RCD
Suspetsadong tigpayuhot nasikop ORMOC CITY – Sakpan ang sa mga mga operatiba sa Police Station 1 ang usa sa managsoon nga suspetsado human itunol ang search warrant sa usa mga suspek didto sa Sitio Dama de Noche, Brgy. Cogon ning siyudad. Ang ronda gibasi sa gipagawas nga search warrant batok ni Tommy Simblante ni Executive Judge Clinton James Nuevo sa RTC Branch 12 tungod sa kasong pagsupak sa RA 9165. Ang nasakpan mao ang iyang igsoon nga si Christopher Simplante y Lumanta, ulitawo, ug kahin miyembro sa Civil Security Unit sa syudad. Nasakmit gikan sa suspect ang usa ka pakete sa gidudahang shabu. Gihimo ang body search procedure sa atubangan sa mga opisyales sa barangay ug sa iyang inahan nga si
Lucy. Ang iyang igsoon nga mao untay target sa maong pagdakup, nakaigyas human makamatikod nga dunay umalabot nga pulis. Matud pa sa mga pulis, tunog na ang ngalan sa mga Simblante human masakpi ang usa ka iladong suspek nga si Ferdinand Tito niadtong Pebrero 2. Wala angkuna sa suspect ang mga ebidensya nga nasakmit gikan kaniya. Kasohan ang maong suspetsado. RCD
Photo shows evidences recovered from the room of the Tommy Simblante who was able to elude arrest after detecting the arrival of the arresting cops.
(Ginapasabot ang mga tigbasa nga ang maong balita niining maong kolum, dili tinood nga panghitabo. Gimugna lang kini aron sa paghatag ug pasiaw ug palingaw… Ed.)
Lami ang isnak ORMOC CITY -- Sagdi na lang wala ganahi sa kandidato basta nakakaon, okey na. Dili man kalikayan nga dunay isnaks panahon sa mga political rally. Mao nga dunay mga tawo nga motambong sa rally dili man kay aron maminaw sa ilang kandidato kondili gusto lang gyud nila makakaon sa isnak. Mao kini ang gibuhat ni Manang nga usa ka diehard fan ni Richard pero mitambong sa rally sa bando Codilla kay aron maka-isnak. Nagsige siyag bagotbot samtang nagabatbat si Violy pero nagsamool sa isnak nga gipanghatag sa bando Codilla. Lima pa gyud ka book ang iyang gikuha, giipit sa lingkuranan kay iya kuno dad-on sa ilang balay. Sobra man tingale ka gutom ni Manang, uy… pero usa lang ka hulagway ang pwede ihatag ngadto ni Manang, matud pa sa mga nakamatikud sa iyang kalaki... mahilig kuno siya sa artista pero dili ganahan sa artistahonon.
Christopher Simblante is seen here during body searching procedure.
BUNKHOUSES from p. 8
ni Engr. Violy nga nakadesider siya nga ipagamit lang ang ilang yuta sa Brgys Can-untog ug Concepcion aron butangan sa mga bunkhouse para sa mga biktima sa Yolanda. “Gipapili nako ang DPWH kong asa sila dapit magbutang. Ang importante nga dunay kapuy-an ang mga biktima sa bagyo “ dugang ni Engr. Violy.
Mahinumdoman nga ang 50 ektaryang yuta usab sa Codilla sa Barangay Liloan ning dakbayan ang gigamit para tukoran og 2,000 ka balay sa Tzu Chi Foundation alang sa mga biktima sa Yolanda. Ug nasayran pud nga midonar pud si Engr. Violy og laing yuta sa lungsod sa Kananga aron pud matukoran gihapon og mga panimalay alang mga biktima sa bagyo. JPilapil
VYING for CONGRESSIONAL SEAT. Photo shows the bunk houses constructed by the DPWH for the victims of Typhoon Yolanda. The land where the bunkhouses are located is owned by Engr. Violy Codilla, who is running for a congressional seat this May 3016 elections. Inset photo of Engr. Violy Codilla is taken during one of her campaign sorties.
Bunkhouses dili na lang gub-on – Violy ORMOC CITY – DILI na gub-on ang mga bunkhouses nga gipatukod sa Department of Public Works and Highways (DPWH) ug gibiyaan sa mga beneficiaries human puy-i sulod sa pila ka buwan tungod kay nagkapadawat na sila sa mga balay nga gipatukod ug gipanghatag alang kanila. Mao kini ang pahayag ni Engr. Violy Codilla nga dumadagan isip kongresista sa 4th district of Leyte atbang ni incumbent congresswoman Lucy TorresGomez. Matud pa niya, nga bisan pa walay nagpuyo ug walay income ang maong mga bunkhouses,
CYANMAGENTAYELLOWBLACK
iyang gisugyot sa DPWH nga dili na lang gub-on aron pwedeng mahimong puy-an lang gihapon sa mga biktima sa mga kalamidad ugaling duna na say mahitabo nga kalamidad nga dili man kalikyan. Gani, dugang pahayag niya, nga plano usab niya nga i-develop na lang ang maong lugar aron mas mamahimong luwas para sa mga buot mo bakwit kung adunay kalamidad. Ang mga dapit nga gitukoran sa mga bunkhouses, ang usa naa sa Barangay Concepcion ug ang usa naa sa Barangay Can-untog, pulos gipanag-iya sa Engineer.
Ang maong mga plano, gihisgotan ni Engr. Violy atol sa iyang mga pagpangampanya. Matud pa niya nga “sa una gitawagan ako sa DPWH kung duna bay yuta nga kabutangan sa mga bunkhouse, mao to nga ako gitawgan si Atty. Francis Pepito, ang ato city administrator nga unaha daw pag-ingon ang mga miyembro sa konseho kung duna ba silay ipagamit nga yuta kay mga yutaan man na sila, ug mibalibad man kuno kay hadlok nga dili na manghawa ang mga pobre.” Mao na nga sa maong higayon, matud pa
- BUNKHOUSES p.7