By ERWIN ‘AMBO’ DELILAN
IN SAGAY City, Negros Occidental there’s this 40-year-old “hush-hush” turf war.
Quite a “melodramatic” land dispute involving several personalities – mostly influential and powerful – against the seemingly “feeble” claimants.
Knowing such lately, I can’t help but compare the account to that of the world-renowned scripted content producer Tara Ellis’ “The Heiress of Covington Ranch”.
Similarity-wise, Sagay’s and Ellis’ tenure dispute stories are centered on the forgotten-slash-neglected estates. The comeback of the descendant(s) causes a legal brouhaha.
But such a move was kinda logical as American novelist-cum-journalist Margaret Mitchell once stressed: “The land is the only thing in the world worth working for, worth fighting for, because it is the only thing that lasts.”
The plot is all about the late Don Juan Binigay and his vast land estates. According to his surviving heirs – the third, fourth and fifth generations of the Binigays – their Lolo Juan once had a 700-hectare land in Sagay.
Don Juan’s estates, as claimed by his apos using a blue print from Sagay Cadastre, was covered by lot numbers 2010, 2013, 220, 221, 222, 223, 225, 226, 227, 254, 262, 326, 378, 451, 530, 1154, 1194, 1195, 1196, 1197, 1351, 1352, 1353, and 1355. These properties were located in barangays Poblacion I, Poblacion II, Old Sagay, Taba-ao, Plaridel, and Bulanon.
On record, more than 40 years ago, some of Don Juan’s heirs already fought in court for their lolo’s lands.
But it was only in 2009 when the Cadiz City Regional Court Branch 60’s Judge Renato Muñez rendered a decision.
Of the 700 hectares, only 81 were awarded to the Binigays within lot numbers 222, 223, 262, 1195, 1196 and 1197.
But of the 81 hectares, only two hectares were recovered by the claimants. The rest remains under “contestable status” as these are now under the names of various owners, including the City Government of Sagay.
What’s “shocking” is that some of the contestable lots are currently the sites for various government buildings and facilities such as:
* City Police Office
* City Health Offices 1 & 2
* City Public Transport Terminal
* City Water Reservoir
* Sagay National High School
* Bureau of Fire Protection
* City Public Plaza
* Social Security System (SSS)
* Department of Agrarian Reform (DAR)
* Alfredo Marañon Sr. Memorial Hospital
* (soon to be erected) City Coliseum
Sought for comment, Sagay City’s Mayor Darwin Javelosa “begged” for a substantial time to dig into the matter before discussing such to the media. He wants to huddle first with their city’s attorneys on this wrangle. Understandable. This ain’t an ordinary land dispute, thus, the decision of the novice mayor is highly respected.
‘JUST RETURN OUR LAND’
With all humility, however, Don Juan’s descendants remain calm and obedient. They, too, are avoiding violent confrontation. They want a peaceful and legal manner of reclaiming their lolo’s estate. Their very potent proof: A copy Entry of Final Judgment for the 81-hectare lot property signed by Cadiz City RTC Branch 60’s Clerk of Court, Atty. Felix Guarnes, Jr., on Feb. 1, 2020.
In a press conference the other week, Maribel de los Reyes, in her heart-wrenching appeal to the city government, among other private owners, simply asked: “Just return our lands.”
Maribel, one of the apos of Don Juan, added they’re also willing to donate lots, especially those currently hosting government facilities.
On Oct. 19, 2022 the Binigays also penned letters to Sen. Raffy Tulfo. Interior and Local Government secretary Benhur Abalos, Police Regional Office 6 director, Brigadier General Leo Francisco; and Negros Occidental Police Provincial Office (NOCPPO) director, Colonel Leo Pamittan, requesting for police assistance for the execution of the court’s final decision.
Tulfo, Abalos, Francisco, and Pamittan are yet to respond to the Binigays’ letters.
Someone tipped me that there’s already a Supreme Court (SC) decision regarding the dispute. I wish to see and read the decision soonest.
This case is fit for a movie. Praying, too, that everything may conclude in a “no-lose” situation./PN
