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BACOLOD CITY?The Kabankalan City government will appeal a court ruling directing it to return a piece of land where the market stands to the heirs of the original owner.
Kabankalan City counsel Maphilindo Polvora said on Friday that the Kabankalan administration will file a motion asking Kabankalan Regional Trial Court Judge Henry Arles to reconsider his Oct. 26 verdict directing the local government, represented by Mayor Pedro Zayco, to return the property to the heirs of the late Jose Coloso, represented by Encarnacion Coloso.
The claim of Kabankalan City that Jose and Anatalia Coloso donated Lot 2510 (111) to the city through a deed of donation was not supported by evidence, Arles said in his nine-page decision, a copy of which was furnished to the Inquirer by Coloso's lawyer Joemax Ortiz.
The judge noted that the city government failed to present any evidence, documentary or secondary, to substantiate its claim of donation.
In 1910, when Kabankalan was a town in the process of constructing a public market, it negotiated for the acquisition of Lot 2510 (111), which was eventually donated by Coloso because of his civic mindedness and philanthropic character, Polvora told the court.
When World II broke out in 1941, the Japanese Imperial Forces occupied, looted and destroyed practically all of Kabankalan's records, including the deed of donation for the public market lot, the lawyer added.
Since 1910 to the present, the Kabankalan government has been the occupant and the owner of the untitled parcel of land known as Lot 2510 (111) consisting of 2,228 square meters more or less, it was pointed out.
Polvora said that if Judge Arles denies the motion for reconsideration, the city would take the matter to the Court of Appeals.
Arles' ruling involved two cases that were merged into one over 10 years ago stemming from an attempt by the Coloso heirs to take over the property. The Register of Deeds had issued a title to the property in favor of the Coloso heirs which the heirs used in an ejectment case against the Kabankalan administration. The administration then sought a court annulment of the title awarded to the Colosos.
Polvora explained that the Kabankalan City government questioned the issuance of the title since it was in possession of the property ?since time immemorial.? /INQUIRER
