CANCELLATION OF TAX DECLARATIONS

WHILE the poor people do not have lands to erect their houses, some of the moneyed people in Dagupan City and Pangasinan managed to stake claims over large portions of the accreted land adjacent to the prime area of the Tondaligan Park over the years.

However, they will soon lose their claim over these parcels of land as Mayor Alipio Fernandez Jr. issued on Tuesday an executive order canceling all existing tax declarations (TD) on foreshore or public lands in Bonuan Binloc and Bonuan Gueset.

“These people staked their claims over these areas even if they very well knew that TDs are not proofs of ownership of land but just declarations for payment of taxes for the use of the property,” Fernandez said.

Executive Order No. 66, series of 2007 directs the City Assessor to immediately cancel all tax declarations issued over parcels of foreshore or public lands along the beaches of Tondaligan Park, especially in Bonuan Binloc.

This is considered as a bold move by the present city administration as it asserts Dagupan’s littorial rights over the foreshore lands, it being the administrator of the Tondaligan Park.

Asked about the implication of EO No. 66, City Legal Officer George Mejia said the City Assessor has no alternative but to cancel immediately all existing TDs issued over portions of foreshore or public lands along the beaches of Tondaligan Park, especially in Bonuan Binloc.

He said if the claimants, by virtue of their TDs, have already built structures in the lands that they were claiming, the city will have to demolish these because they have no right erecting or constructing these structures.

“If the land claimants would complain, we have no alternative but to answer, but this I can tell you, hindi pwedeng i-declare for taxation purposes ang isang public land,” he said.

RUN AFTER

He told the PUNCH that after the records on tax declarations in the City Assessor’s Office shall have been cleaned, “we will run after the people who manipulated these transactions”.

Covered by the Mayor’s EO, said Mejia, are all lands within Proclamation No. 98 from Bagong Baryo or DENR mini-forest up to Bonuan Binloc which are reserved for playgrounds and parks under the administration exclusively of the city of Dagupan.

This means, he said, that these lands are not alienable and disposable, contrary to the certification made by the Community Environment and Natural Resources Officer (CENRO), which were among the documents presented by individuals seeking issuance of TDs.

A survey plan prepared by a duly licensed Geodetic Engineer duly approved by the Land Management Bureau of the DENR was also submitted along with the certification of the barangay captain that the declarant is the present possessor of the land.

They also submitted affidavits stating that they had been in long continuous possession of the land that they were claiming but Mejia expressed doubt because the term “long continuous possession” should be 20 or 30 years.

He expressed certainty that not even one of the claimants in the list were in possession for 20 years.

A list furnished by OIC City Assessor Alan Dale Zarate showed there were 104 TDs issued in Bonuan Binloc and four in Bonuan Gueset.

“But let us make this clear. This shall all be in the foreshore land (of the Lingayen Gulf). It will not affect claimants/possessors of accreted lands in the river systems,” Zarate said.

CLAIMANTS

Zarate said among those claiming accreted lands of the Mangiranday River are Councilor Alfredo Quinto Sr. and his wife Placida who have a TD covering 1.2 hectare.

 Zarate said covered by the TDs sought to be cancelled is an accreted land adjacent to Tondaligan Park.

“At this time, we are already in the process of determining who are the claimants/possessors to be affected and who are not,” he said, pointing out that it takes only a week to scratch these off.

As gleaned from the list, the biggest parcel being claimed is 30.2 hectares by Pedro, Roldan and Aurora Hortaleza while Rodolfo Aquino, married to May Jane Aquino have 9 TDs for 600 square meters each and another TD for 4,987 square meters.

One George Agas has four TDs, two for 600 square meter each, one for 500 square meters and another for 552 square meters

In Bonuan Gueset, one of the four possessors of TD is former Barangay Captain Rico Mejia who is claiming 6,897 square meters.

Maintaining that the issuance of TDs by the City Assessors is ministerial, Zarate said they are just following the procedures set by the Department of Finance and the Bureau of Local Government which actually allow the issuance of tax declarations as among the steps to be taken for the registration of untitled properties.

Obviously defending the issuance of TDs by his predecessors, Zarate who was just reassigned with the City Assessor’s Office last year, said accretions are untitled lands.

Asked on when these TDs were issued, Zarate said some of these were issued as early as the 60’s and the 70s and the latest in 2000.

Because of these, Zarate expects that some of the affected claimants may go to court to question the move of the city government in order to protect their property.—LM

Share your Comments or Reactions

comments

Powered by Facebook Comments