By ERWIN ‘AMBO’ DELILAN
FIRST, it started as a rumor within the circle of Negros’ planters. Now, it’s a legitimate story of a land dispute that caught media attention. And it already reached the court in Barotac Viejo, Iloilo.
I am referring to the disputed 2.9-hectare parcel of land allegedly included in the 809-hectare development on Sicogon Island in Carles, Iloilo.
Legal documents (which I obtained) bared that the lawsuit is already docketed as Civil Case No. 2022-1358. Such is for injunction and damages with prayer for issuance of a writ of preliminary and/or temporary restraining order.
Plaintiff is former Isabela, Negros Occidental town councilor Patrick Miguel (PM) Montilla in his capacity as the judicial administrator and heir of the intestate estate of the late Enrique A. Montilla Jr. (plaintiff’s father).
Named as defendants included:
* Ayala Land, Inc. (ALI)
* Emmanuel Jalandoni, in his capacity as Group Head of the Commercial Business for ALI
* Jomi de Guzman, in his capacity as Project Development Manager for ALI
* Housing and Land Use Regulatory Board (HLURB)
* Land Registration Authority (LRA)
* Register of Deeds (ROD), Province of Iloilo
* Sicogon Development Corporation (SIDECO)
Well, 70% of SIDECO is owned by the Sarrosa family in Negros Occidental.
The lawsuit is billed by many as a “classy mess”. Others say it’ll lead to “gamo de ilustrado”.
But such already “shocked” three SIDECO incorporators in NegOcc. “Surreal,” they termed.
They thought the “mess is over”. They realized that what they’re referring to was the legal battle between SIDECO and Department of Agrarian Reform (DAR) sometime in 2017 to 2019. But such had already been settled.
Then ALI, being in the forefront of developing Sicogon, really fast tracked the elaborations in the island paradise. Sicogon is now a rising high-end tourist destination on Panay Island. It already has an airport and a first-class hotel, among other A1 amenities.
But anent to this, PM also asked the Department of Human Settlements and Urban Development (DHSUD) in Region 6 to refrain from issuing a License to Sell for lots within Sicogon to avoid further conflict with future buyer/s.
However, DHSUD -6 Officer-In-Charge (OIC) Eva Maria Marfil, in her letter to PM dated December 7, 2022, stressed that title Lot A-5 (for the contested 2.9 hectares) was neither included nor mentioned in the application of Sicogon Island Tourism Estate Corporation (SITEC) for the Certificate of Registration and License to Sell.
Instead, Marfil informed PM that SITEC’s application only covers Lot A-7 (PSD-06-092012).
PM, in his January 23, 2023 letter-response to Marfil, confirmed that Lot A-7 covered by land title T-090-2022004361 is currently registered under SITEC.
But he stressed, “As reflected on the face of the title T-090-2022004361 is a transfer from T-80191, registered in the name of SIDECO with a condition annotated on the face of the same title that a portion of 2.9 hectares is the property of Enrique A. Montilla, Jr. and the same shall be identified as Lot A-5 in the proposed subdivision plan.”
Therefore, PM told Marfil (in the same letter) that land title T-090-2022004361, covering Lot A-7 is currently the subject of a pending case for annulment of title and injunction, which he filed against ALI, et al. before the Barotac Viejo Regional Trial Court (RTC) Branch 71.
Marfil said her office already furnished SITEC a copy of PM’s letter for comment on the matter.
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Wishing for a peaceful settlement later.
Hoping then for the possible “meeting of the minds”.
In Negros, nobody wants Sicogon to be an “Island of Ire”. Business luminaries in the province consider the current legal jumble as simple that needs “simple edit”.
“What’s 2.9-hectareS in an 809-hectare total land development?” asked by the three SIDECO incorporators.
They fear that if this mess isn’t handled properly, it’ll be costly.
The Montillas are no ordinary beings in Negros. “They’re landed, so, capable to fight ‘till the end,” the trio stressed.
ALI, for sure, won’t just sit down and relax. It’s also packed with caliber attorneys.
For PM, they’re not against any development in Sicogon. He just wants legal acknowledgment on the property of their late father.
I sent an email to ALI on Janu. 31, asking for comment regarding PM’s case but no response yet as of this writing.
Nonetheless, since the case is already there, everyone’s wish in Negros is for the Barotac Viejo RTC Branch 71 to be the “surest arbiter” soonest, leading to a win-win solution for the sake of the “most beautiful” Sicogon./PN
