NO POSSIBLE ENCUMBRANCE BY BANK

THE deed of donation for a 7,000 square meter lot in Barangay Pugaro-Suit donated to the Dagupan City government by a family in Manila during the first term of office of then Mayor Belen Fernandez in 2014 is a valid and legal donation, according to the lawyer of the family who came to Dagupan to clarify the issue.

The donation remains and is subsisting, said lawyer Francisco Angeles who is representing the Pablico family that donated the land to the Dagupan City government thru Mayor Fernandez.

The “fake donation” issue was raised against Fernandez by her detractors a few days before the election.

“This is a pure act of liberality (on the part of the donors), meaning in law, there is no string attached to it (donation),” Angeles stressed.

He explained that no transfer has been made because Engr. Pablico, the patriarch, died but his surviving spouse and all the heirs signed the deed of donation.

“Kaya hindi pa mailipat and donated land to the city, kasi may mga estate na dapat pang aayusin,” explained Angeles.

He said the area was already segregated from the 50,000 square meter property of the Pablicos when they mortgaged their other properties in Metro Manila and other places to secure a credit line of P180 million with the Land Bank of the Philippines.

He stressed that the Land Bank of the Philippines knew of the donation and that the property was already segregated starting on January 15, 2015 based on the approved subdivision plan and technical description designated as lot 1b issued by the Department of Environment and Natural Resources Office Region 1, together with the technical descriptions over the property.

What was mortgaged, according to Angeles, was only 40,000 square meters and per his client, Land Bank knew.

Before granting the P180 million credit line to the family, the Pablicos submitted the approved subdivision plan and technical description as required by the bank.

Angeles recalled the factors that led to the donation that started in January 16, 2014 when the Pablico family filed a case for ejectment before the Municipal Trial Court in Dagupan City and won, against one Michael Caridad and five other illegal settlers.

Before a demolition could be implemented, and to avoid possible violence, the Pablicos, in a dialogue with the Presidential Commission on Urban Poor and the affected families, presided Mayor Fernandez, the donation was agreed on.

“Kasi nagustuhan ni Engr. Pablico at that time yung leadership in Mayor Fernandez. Because she was able to settle the issue na hindi magiging violent yong demolition. Because he liked the leadership of the mayor, Engr. Pablico decided to donate 7,000 square meters of his property to the city,” Angeles said,

“Land Bank knows the 7,000 segregated property will not be foreclosed, because… an approved subdivision plan was submitted, proving that the  7,000 square meters donated to the Dagupan city government, was not included in the property that was mortgaged.”

Angeles said the Commission on Audit observation report recommending the city to take immediate legal action on the donated property in Pugaro-Suit in order to avoid possible loss of fund and property, was an affront to the Pablico family when the latter made sure that no encumbrance would be possible.

“Nasisira ang mga Pablico dito, instead na pasalamatan sila sa kanilang donation,” Angeles intoned. (Leonardo Micua)

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