SolGen confirms Tesda lot claim

05/17/10 - The Office of the Solicitor General (OSG) confirmed that the Technical Education and Skills Development Authority (Tesda) is the “absolute, legal and registered” owner of a 1.9 hectare lot in Cebu City.

In a memorandum submitted before the Regional Trial Court (RTC) Branch 16, the OSG also asked the court to deny the appeal submitted by the Cebu provincial government.

The Capitol elevated its appeal to the RTC Branch 16 after losing its case against Tesda before the Municipal Trial Court in Cities (MTCC).

“The valid and subsisting title rests with the appellees hence they (Tesda) are entitled to possession of the contested property,” the OSG stated in a memorandum submitted before RTC Judge Sylvia Paderanga of Branch 16.

The Capitol questioned the validity of the deed of donation issued by then Cebu Gov. Osmundo Rama on Feb. 16, 1973.

It said the donation was issued to the National Manpower Youth Commission (NMYC), Tesda's predecessor.

The OSG said the deed of donation executed by the province with NMYC is considered valid.

It said the Register of Deeds of Cebu City had already cancelled the province's title over the property.

The province has imposed its rights over the Tesda compound considered as prime commercial property owing to its strategic location across the Asiatown I.T. Park.

The lot is also located along a busy road interesection of Salinas Drive in barangay Apas and Archbishop Reyes Avenue in barangay Banilad.

The Cebu Provincial Board passed Resolution No. 3393-2008 on Aug. 4, 2008 authorizing Cebu Gov. Gwen Garcia to repossess Lot 915.

The Capitol filed a civil suit for ejectment against Tesda before the MTCC Branch 8 on Oct. 22, 2008.

The Cebu City government reiterated its support for Tesda’s claim over the property.

The Capitol in turn took offense over what it maintaned was Tesda’s failure to recognize its claim over the lot.

The municipal trial court eventually dismissed a complaint filed by the Capitol against the Tesda.

MTCC Judge Edgemelo Rosales of Branch 8 said Tesda has proven its right over the property by presenting a Transfer Certificate of Title.

“Valid and subsisting title still rests with the defendant and for that cause is entitled to the possession of the contested property,” Rosales said in a Nov. 9 order. (CDN)
 

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