Use of road by bus companies ‘illegal’
By Mortz C. Ortigoza
DAGUPAN CITY – The access road appropriated by the two Manila bound bus companies could be subject for litigation as the easement was donated by the Lioanag family to the Chinese community who use it to go to the Chinese Cemetery.
DONATION VIOLATED. The controversial Villa Costa Road donated by the Lioanag family
to the Chinese Chamber of Commerce in Dagupan City is being used
by the buses of Victory Liner and Five Star. Photo Credit. Flickr
This was according to someone who was privy to the transaction, telling reporters that the access road that the owners of Victory Liner and Five Star buses claimed sold to them by the Chinese Chamber of Commerce during the time of the administration of former mayor Benjie S. Lim could be illegal as donation was based on the conditions of the donation.
“The intention was the Lioanag family, who owned the land around the two buses companies’ terminal, to donate to the Filipino Chinese for their vehicles to have access road every time they pay visit to their dead at the Chinese Cemetery during All Soul’s Day every November 2, but what happened was that the road was sold by the Chamber to the bus companies. The road should be returned by the Chamber to the Lioanag family,” the source who is close to the Lioanag family, said.
Civil Code of the Philippines says that “donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. In this case, the property donated shall be returned to the donor, the alienation made by the donee and the mortgages imposed thereon by him being void, with the legitimations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws. This action shall prescribe after four years from the non-compliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee’s heirs”.
The issues of easement at the back of the bus companies became acrimonious after the two companies would not allow Solid North Bus to use it.
The owners of the bus companies even put concrete barriers at the back of the Solid North’s station to deprive it of its use.
The easement became a hot issue as its use could ease up the traffic congestion at the Perez Boulevard where Solid North buses pass.
When this city’s mayor Belen Fernandez called the members of the Lioanag family to inquire on the issue, the mayor learned from this city’s assessor office, Register of Deeds, and other offices that the hierarchy of the Chinese Chamber of Commerce sold to the administration of then Mayor Benjie S. Lim the access road.
“When they were comparing the signatures of Lim on the Deed of Absolute Sale, somebody quipped that they were forged. But we did not know if the forging was intentional or real. It should be subject for more investigation,” the source, who asked anonymity, declared.
Upon learning that Mayor Fernandez was gung-ho on the seeming anomalous transaction, the Chinese Chamber of Commerce told Fernandez that they were willing to return to the two bus companies the monies paid to them.
“The problem there if the bus companies disagreed with the act of the Chamber as they bought the properties ‘in good faith’ and prescription of four years upon discovery by the Lioanag Family of the violation of the donation’s condition has lapsed. Mahabang kaso iyan,” another source, who did not want to be identified, said.
The source alleged that the bus companies tried to influence the city council to allow them to exit through Perez Boulevard.
But this allegation did not materialize as Mayor Fernandez vetoed the part of the amended traffic ordinance as prejudicial to the public welfare. The controversial ordinance was approved by the Council last month to allow the three companies to use Perez Boulevard.
The subject provision was Section 4 on “Amendment to Article V, Section 4 (PUBs/mini buses) 13 of Article V is amended as follows: “13. For PUBs, particularly Solid North, Five Star, Victory Liner, shall pass through Caranglaan, Mayombo, enter Villa Costa Road towards their respective terminal. In going out of their terminals (they) shall pass through Perez Boulevard towards their respective destinations.”
“The undersigned respectfully approves Ordinance 2076-2016 x x x x partially vetoing however the following provision on the ground that the same is prejudicial to public welfare,” wrote by Mayor Fernandez to Vice Mayor Brian Lim as veto message to the first regular session for 2017 last January 4 of the Sangguniang Panlungsod.
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