Around 200 residents from Sitio Portico, barangays Fabrica and Pawili are affected in the land disputes stemming from Conrado Colarina’s land title sales engagement with the Ruby Shelters Builders and Development Corporation (RSBDC) and the Tans. Colarina, his heirs and the Tan family are not residents in Bula municipality but from Iriga City.

Colarina’s Transfer Certificate of Title with an area of 259, 610 sq. m. was registered under his name on December 15, 1977, according to Portico Banasi Household Farmers Association (PORBAHFA). However, the group claims that Colarina has an allegedly fake title. If his title was fake, the group added, the succeeding certificates of title are also fake.

The Registry of Deeds Camarines Sur issued a certification on February 6, 1978 that no record of entry of new transfer certificate of title in the name of Conrado Colarina under TCT No. 2655 on December 15, 1977 since it was declared a Public Holiday in Naga City.

Under Presidential Proclamation No. 1697, former President Ferdinand Marcos declared December 15, 1977 as a special public holiday in Naga City to celebrate its 29th Charter anniversary.

According to PORBAHFA, there were legitimate residents in the community when Colarina purchased the land.

On August 22, 1996, Coralina entered into a contract and agreed to sell the parcel of land with RSBDC. However, Colarina filed a case against RSBDC on April 24, 1997. In its name, RSBDC subdivided the property into nine parcels of land on June 10, 1997.

There were two civil cases docketed including the Tan family as defendants. The local court rendered a decision in February 2012 to reconvey the 259, 610 sq. m. covered by nine titles in favor of Colarina or his heirs.

The Court of Appeals promulgated a decision which approved the amicable settlement between the heirs of Colarina and the Tan family on November 24, 2013.

Civil Case No. P-2653. The Tan family then filed a case against residents related to a 30,000 sq. m. parcel of land located in Brgy. Fabrica. The local court favored the Tan family in a decision released on September 1, 2020. The affected residents were ordered to vacate. On April 7 last year, a Writ of Execution was signed by Clerk of Court V Dominic Bernarte directing the local sheriff to enforce the decision.

Civil Case No. P-2090. This is the civil case of Colarina against RSBDC, wherein 186 settlers from barangays Pawili and Fabrica will be affected by the demolition. On August 8, 2023, Colarina filed a motion for the issuance of Writ of Demolition on the ground that the property subject of the execution contains improvements constructed or planted by the defendant/occupants. The motion was granted on February 13, 2024. Affected residents were notified through a Notice to Vacate on August 12, 2024. According to the group, PORBAHFA, there is still a court hearing on February 4 on their prayer to lift and set aside the Notices to Vacate and the Writ of Demolition.

Colarina is a ‘landlord’ in the Bicol region who has been involved in various land cases.

In a 1999 Court Decision, Colarina alleges that he was the owner of several parcels of land with a total land area of 6,340 hectares, more or less, which were placed under the compulsory coverage of the Comprehensive Agrarian Reform Law (CARL) of 1988.

The instant petition of Colarina for the review on certiorari was denied. The July 22, 1994 Decision of respondent Court of Appeals sustained the 10 May 1993 Order of the Regional Trial Court of Pili, Camarines Sur, Branch 32, in Civil Case No. P-1865, which cost him to pay proper docket fees amounting to P1 million (17 USD), less the P415 (7 USD) he has already paid.

According to the Court Decision, “The Amended Complaint filed by petitioner (Colarina) readily shows that his primary and ultimate intention is to recover the Bicol Sugar Development Corporation (BISUDECO) assets as payment for his landholdings which were put under the coverage of the CARL. This is quite evident from his allegations.”

In a 2010 Court Decision, the Land Bank of the Philippines (LBP) was ordered to pay Colarina the total sum of P1, 785, 481.25 (30265.85 USD) in case or in bond or in any other mode of payment under the Comprehensive Agrarian Reform Law, at the option of the landowner.

Colarina is the registered owner of three (3) parcels of agricultural land which he acquired from their former owner, Damiana Arcega. The parcels of land have a total area of 972,047 square meters in Ligao City, Albay. The land case was about Colarina’s manifestation on voluntary offer to sell his land properties to the Department of Agrarian Reform (DAR) for coverage under CARL. His assessment value of the properties was P45,000 (762.76 USD) per hectare.

“They have been claiming the land for a long time. We sought help from different lawyers but the court did not really favor us,” Baliber said.

For the third attempt, Baliber and other members of PORBAHFA revived their legal battle this year. “Maybe when the legal papers are studied and looked at carefully,” Baliber said. “We don’t know what they can do with that land.”

“It’s hard since I have no husband, no parents, no siblings. It’s just me and my sons,” Brizuela said. “I pay taxes every year for our rice field. But, it is mortgaged amounting to P180,000 (3,048.48 USD) used for the treatment of my parents.”

“There is no relocation for us. We couldn’t afford it,” Brizuela added. Her monthly salary worth P5,000 (84.68 USD) as housekeeper and the P750 (12.70 USD) per day of her son as construction worker are not enough to pay bills and other financial obligations on the land dispute.

The post Timeline: From title transfers to land disputes appeared first on Bulatlat.

From Bulatlat via This RSS Feed.