Court stops take over of BCS
BAYAMBANG – A local court has stopped a Chinese-Filipino businessman from taking over the Bayambang Central School (BCS) old campus, saying it would review an earlier decision handing the 3.1 hectare prime property to him last August 9.
Regional Trial Court Judge Hermogenes Fernandez, in an order dated September 5, issued a temporary restraining order and writ of preliminary injunction against one Willy Chua, owner of Super Aggregates Corporation, from “exercising rights of ownership on property” until the case is solved with finality.
The 100-year old BCS along the national highway was “swapped” by former Mayor Ricardo Camacho with Chua’s 2.2. hectare property with a 60-classroom building in another barangay.
Recall that Fernandez on June 27, issued a writ of execution “compelling” the local government through former Mayor Ricardo Camacho to “deliver possession of the property” to Chua. The decision was based on a deed of exchange of real properties signed between Camacho and Chua.
But Camacho was no longer the mayor on that date, and present Mayor Cesar Quiambao said he was not informed of the decision by Provincial Legal Officer Geraldine Baniqued who represented the municipality of Bayambang in the case.
The decision 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 filed a petition for relief from judgment at the same RTC, saying Chua committed 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 at the Ombudsman 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 earlier told reporters.
Fernandez granted Bayambang LGU’s petition, saying it is “grounded with surfeit of information and detailed allegations of intrinsic fraud that prevented the town from presenting their case.”
Nine days after the RTC issued the writ of execution, Chua arrived at the old campus with truckloads of fencing materials, and fenced the entire campus with GI sheets, later putting up “no tresspassing” signs around the campus. Chua and the workers were accompanied by armed policemen.
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.
Based on Quiambao’s petition, Fernandez “set aside and nullified all the proceedings in the case.” YOLANDA SOTELO
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