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The Municipal Trial Court in Sta. Catalina, Oriental Negros, has
ordered the municipal government to return to the claimants a 1,400-square
meter land in Brgy. Cawitan of the town that it had occupied for
several years and now has a market value of about P8.4 million.
Judge Rogaciano Rivera of the MTC ordered the return of the
property that is presently housing the barangay health center, a
feeding center, and a concrete path built by the municipal government
to the Guerero family, most of whose members are now living in Misamis
Oriental in northern Mindanao.
In his decision, Rivera said that the municipal government
had failed to answer the ejectment complaint and damages filed by
the claimants composed of the Guerero family, and the notices of
the court.
Their, mother Mary Guerero, who is residing in Bayawan City,
represents the family in the complaint.
Rivera said the court had earlier appointed the municipal
assessor as its commissioner to survey the property and to submit
their findings within 15 days.
But, he said, the commissioner failed to do so since he had
resigned from his work for health reasons, the judge said.
Also, he added, the court's attempts to settle the complaints
amicably had failed.
Rivera also ordered the municipal government to pay the complainants
P10,000 in attorney's fees and another P1,000 per month 'as fair
and reasonable rental of the premises from the time the case was
filed before the court until the local government unit vacated it.
The Guerero family said it inherited the property from their
late father, Melchor Guerero, who died recently and had bought it
from original owner Cipriana Lacpao.
It said the family's demands that municipal officials leave the
premises, all "fell on deaf and naive ears".*RG
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