Quiambao questions fencing of old Bayambang Central School
By Yolanda Sotelo
BAYAMBANG – The residents of this town were surprised when, in the early morning of August 19, truckloads of galvanized iron sheets, hundreds of workers accompanied by armed policemen arrived at the 100-year old Bayambang Central School.
FENCED. The gate of the Bayambang Central School has been fenced with GI sheets and marked “No Tresspassing.” The campus is fully guarded by security guards.
The workers immediately started to fence the 3.1 hectare campus which was abandoned when the court ordered the school officials to transfer to a new campus in a nearby barangay, citing dengue cases and flooding.
The old campus along the national highway was “swapped” with a 2.2. hectare property with a 60-classroom building in a nearby barangay by the past municipal administration with one Willy Chua.
Mayor Cesar Quiambao questioned the fencing of the old campus, saying it was against the law and a permit from the local government is required for fencing properties.
Quiambao said a local court granted a writ of execution of the decision “compelling” the local government represented by former Mayor Ricardo Camacho to “deliver possession” of the property to Chua.
“But the writ did not include fencing the campus,” he said.
Quiambao said the local government would also question the court decision handing the old campus to Chua which the court based on a deed of exchange of real properties signed between Camacho and Chua.
The decicion was penned by Regional Trial Court Judge Hermogenes Fernandez in San Carlos City on June 27, 2016 and the writ of execution was dated August 9, 2016.
Quiambao said Chua could be sued with fraud as he submitted an affidavit to the Office of the Ombudsman saying “there is nothing to complain about a land swapping transaction as there was no contract that was ever executed between him and the municipality.”
The Ombudsman earlier dismissed the case filed against Camacho and Chua by BCS Parent Teacher Association President Filipinas Alcantara for gross neglect of duty and grave abuse of authority on the land swapping transaction.
“The Ombudsman dismissed the case because of Chua’s claims that there was no contract executed, but then he submitted a signed deed of exchange between him and Camacho to the local court. That is fraud,” he said.
Chua filed a case at the local court demanding that the local government should honor its obligation for specific performance, or to hand over the old campus to him.
“The decision was quick,” Quiambao said. “The case was filed on May 27 and the decision was issued on June 27. On July 20, Chua filed for a writ of execution which the judge immediately granted on August 9,” he said.
Quiambao said the municipal legal officer is studying two actions to pursue – the file relief of judgment from the same local judge, or to seek annulment of the decision from the Court of Appeals.
“We want the judge to know what happened – that there was fraud in the case filed,” he said.
The mayor wrote Provincial Legal Officer Geraldine Baniqued, who acted as the town’s lawyer in the case, why she did not take any legal action when she received the court decision on June 27,and the motion for writ of execution on July 18.
He also asked her why she did not inform her of the two incidents as the new mayor of Bayambang.
“Your omission or failure to take action on the two incidents only tolerated the grand design of corrupt public officials to give away a vital property to a private individual,” Quiambao said in a letter dated August 16.
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