'Eviction' up in Bingawan, Court upholds land owners' claim to town hall, town plaza, road
Officials and employees of the Bingawan Municipal Government, including the town's police force face eviction from its present seat of government and office. Even the town plaza currently stands to be a private property.
This, after the local Court upheld the longtime legal battle of one family who has since claimed and proven ownership of a prime property where such vital government buildings and spots are located.
In a Certificate of Finality, Judge Lolita Besana of Branch 32, 6th Regional Trial Court (RTC) ordered that the earlier Decision rendered in March 2004 in favor of landowner Winefred Gardose "has become final and executory." The reason? The Municipality of Bingawan under Mayor Ted Peter Plagata failed to act or interposed any Motion for Reconsideration within the reglementary period.
As such, the judgment of the Court is for the Gardose family and against the town of Bingawan.
Deliver to the Gardose heirs the physical and actual possession of that portion of the property used as town hall and municipal road, the Court ruled. While at it, pay the Gardose heirs attorney's fees and litigation expenses among others.
Docketed as Civil Case No. 03-27553 for Recovery of Possession, Judge Besana found merit on the Motion for Execution of the plaintiff.
Yet another civil case docketed as 03-27541 was also filed by another heir, Diana Gardose also with the Bingawan mayor as defendant. With the municipal hall and a portion of the road claimed in the other suit, Diana also petitioned for her share of the family property where the municipal plaza stands and also a portion of the municipal road.
In a similar legal battle before Judge Roger Patricio of Branch 38, 6th RTC, judgment was rendered in favor of Diana and against Bingawan. Herein, Judge Patricio ordered for just compensation of the contested property and pay for related lawyer's fees and litigation expenses.
No need to return the plaza but just to compensate the plaintiff as legitimate owner, the Court ruled while adding that "uncontroverted evidence" established said ownership.
Also in peril in Bingawan is one public school now up for sale after no titling was made in the supposed donation made by yet another landed family.