How the Brgy. Awai land deal was won… lost

Chronology of Events

December 3, 2001– Sangguniang Panlungsod enacts Ordinance No. 1734-2001 reverting the amount of P11.780,441 from the balances of projects and programs from the city’s annual development program for Calendar Years 1993-2000 to the unappropriated balance of the year 2001 General Fund, and appropriating the same to cover the cost of lot intended for the city’s sanitary landfill site.

December 10, 2001-SP enacts in a special session Resolution No. 3563-2001, on motion of Councilor Teofilo Guadiz III, authorizing Mayor Benjamin Lim to search for and purchase an alternative dumpsite for the city of Dagupan.

December 18, 2001 – Estrella Sangalang of San Jacinto sold to Jose Mariano Cuña of Fernandez Avenue, Dagupan City a parcel of land situated in San Jacinto containing an area of 299,932 square meters (29.993 hectares) for P7 million per Deed of Absolute Sale executed in Binmaley, Pangasinan before Notary Public Joseph Ferrer. Sangalang was administrator of the 29,993 hectare property. She and other heirs inherited this from Juan Fernandez.

December 27, 2001 – Lim, City Administrator Rafael Baraan, Tony Uy, along with Mayor Rolando Columbres and Vice Mayor Ranul Mejia went to Awai to explain to the people the benefits of a sanitary landfill where they also conducted a video presentation about landfills (Sunday Punch, December 30, 2001 issue) with photo.

February 7, 2002 – The SP, on motion of Councilors Guadiz, Vladimir Mata and Fausto Cuison, passed Ordinance No. 1744-2002 ratifying the Deed of Absolute Sale executed by and between the City of Dagupan, represented by Lim and Cuna for the purchase of the Awai property. This ordinance was not signed by Vice Mayor/Presiding Officer Alvin Fernandez.

February 14, 2002 – The SP, in a special session, passed Ordinance No. 3590-02 holding in abeyance the effectivity of Ordinance No. 1744-02 which ratifies the contract of sale of a parcel of land executed by Cuna in favor of the City of Dagupan for a consideration of more than P16 million. The ordinance was jointly moved by Councilors Farah Marie Decano, Jose Netu Tamayo, Michael Fernandez and Cesar Reyna.

March 15, 2002 – Tenants and their representatives filed a petition for redemption before the Department of Agrarian Reform Adjudication Board (DARAB) against Cuna, Sangalang and Land Bank of the Philippines seeking an order from DARAB for Cuna to execute Deed of Conveyance over the subject land in favor of the petitioners.

April 5, 2002 – The SP passed Resolution No. 3626-2002, on motion of Guadiz, authorizing Lim to search for, invest in, and purchase a parcel of land even outside the city of Dagupan to be used by the city for investment and general purposes.

April 11, 2002 – Cuña, as seller, executed a Deed of Absolute Sale in favor of the City of Dagupan as buyer over the subject property in consideration of P16 million, stipulating that the latter pays the former P11,780,441.25 upon signing and P4,339,558.75 within 45 days after. The Deed of Absolute Sale was notarized by Atty. Geraldine Francisco.

August 22, 2002 – Petitioners filed an amended petition that included the City of Dagupan represented by the City Mayor in their petition for redemption when they learned from newspaper reports that Cuna sold the land to the Dagupan City government for P16 million.

July 3, 2003 – DARAB adopted a resolution remanding the records of the case to the Department of Agrarian Reform Provincial Office Operations Division for administrative compulsory acquisition of the subject land pursuant to Republic Act 6657.

September 22, 2003 – DARAB issues a Certificate of Finality relative to its decision/order on July 3, 2003 informing that copies of the same appeared to have been received by the parties concerned and their respective counsels. However, no motion for reconsideration or Notice of Appeal was filed.

March 2, 2004 – A Notice of Coverage was furnished Lim signed by Rolando Gamboa, Provincial Agrarian Reform Officer II informing Lim of the city’s right or privilege to apply for exemption clearance or exclusion from CARP coverage, retain an area not exceeding five hectares and submit evidence for determining just compensation of the subject land holding. No move was undertaken on the part of the city.—LM