Four local government units in Negros Oriental are being charged for constructing their public markets on private lands.

The claims, however, are being refuted by the LGUs, which are Vallehermoso, Pamplona and Siaton while in the case of Ayungon, negotiations are being conducted.

In Vallehermoso, the heirs of Silverio Serion filed a civil case for recovery of ownership and possession and damages with alternative prayer for just compensation, lodged before Regional Trial Court Branch 64 in Guihulngan.

The descendants said that while the municipality and 14 stall holders are earning money, they have been excluded from use and enjoyment of  the parcel of land covered by TCT No. 1901 consisting of 10,024 square meters.

Demand letters were sent last year to the former mayor, Jonifer Villegas, but they were rejected, as it is believed that the lot belongs to the municipality under Tax Declaration Nos. 99-001-540 and 99-21-001-541.

But the petitioners say this claim of ownership is false because the property is a private land and prevailing jurisprudence would say that a Certificate of Title of Land is superior to a mere tax declaration.

In his reply, the former mayor said the market was built in 1935, or 73 years ago, which was much earlier than the mortgage of TCT No. 1901 with the Philippine National Bank in San Carlos.

Provincial attorney Erwin Vergara said it will now the municipality has the burden of proof to produce the deed of donation that was reportedly mentioned in a 1956 resolution of the Sangguniang Bayan of Vallehermoso.

The same is true in Pamplona, home town of former governor and now Rep. George Arnaiz. But the case is more complicated, with several claimants.  Instead of the Calumpang family, former Senator John Osmeña has also sent demand letters to the municipality.

The municipality is filing a motion for bill of particulars and told the petitioners to determine the rightful claimants.

In the case of Siaton, the case is also pending in court.

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