CEBU, Philippines — The Supreme Court has ordered the Mactan Cebu International Airport to pay P482,772,600 to Richard Uchuan as monthly rental of the two lots decided to be legally owned by the latter.

The decision is deemed “final and executory” and has been recorded in the Book of Entries of Judgments.

“Mactan-Cebu International Airport is ordered to pay the sum of P20 per square meter per month as rental for use of the property reckoned from the time of filing of the complaint until its final payment for the same,” reads the Entry of Judgment.

In coming up with the amount, the total size of the two lots, which is 149,930 square meters, is multiplied by 161 months (March 2004 to August 2017).

The amount is further expanded to P12,069,465 if the lawful fees requested by the other party is to be included.

A copy of the notice was also sent to the stakeholders of the airport.

Freeman ( Article MRec ), pagematch: 1, sectionmatch:

“GARNISHMENT is hereby made upon all the goods, effects, stocks, interest in stocks and share, and any other properties in your possession or under control… sufficient to cover the said amount mentioned in the writ of execution,” states the notice of garnishment.

Back in March 2004, Uchuan filed before the Regional Trial Court a complaint for partial declaration of nullity of the Deed of Absolute Sale.

In his complaint, Uchuan alleged that he is the rightful owner of two lots, which was registered to the heirs of Eugenio Godinez.

He further said that Atanacio Godinez sold both lots to the Civil Aeronautics Administration (CAA), the predecessor of MCIAA. Godinez is the Attorney-in-Fact of all the registered owners and heirs.

It was found out later that the registered owners and heirs did not authorize Godinez to sell the properties. Moreover, they did not receive payment “despite promises that they would be paid”.

In addition, the Deed of Sale did not have the signature of the CAA representative and there’s no proof that the Department of Public Works and Highways approved the sale.

Taking these grounds into consideration, the Supreme Court “affirmed with modification” the prior decisions of the lower courts namely the Court of Appeals (CA) and the Regional Trial Court (RTC).

“The Deed of Sale signed by Atanacio Godinez alienating the lands denominated as Lot No. 4810-A and Lot No. 4810-B in favor of MCIAA is VALID, in so far as his undivided share in the said lots is concerned, but VOID, in so far as the undivided shares of the other registered owners, who did not sign the deed is concerned,” the decision reads.

Initially, the Deed of Sale signed by Godinez was generally deemed VOID by the lower court, but the same was modified.

MCIAA is also “directed to vacate” from the two lots. In addition, Lapu-Lapu City’s Register of Deeds was ordered to annotate the title and include Uchuan’s name.

RTC Branch 27 Sheriff Miguel Igot already issued a demand letter addressed to the MCIAA Board of Directors (BOD) last September 8. — /JMO (FREEMAN)



Source:

http://www.philstar.com/cebu-news/2017/09/17/1739971/mcia-ordered-pay-lots-it-used

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