Government must pay the owners of Batasan complex

This refers to the news report titled “Congressmen squatters no more at Batasan complex” (News, 5/14/15).

With due respect to the National Housing Authority (NHA), its decision to transfer ownership of the 19-hectare Batasan Pambansa Complex in Quezon City to the House of Representatives is inconsistent with applicable laws and jurisdiction.

The land in question was the subject of litigation in People of the Philippines vs. Pedro T. Casimiro (GR No. 166139, June 20, 2009). The issue was whether respondent Casimiro may be allowed to proceed with the reconstitution of his transfer certificate of title over the land, which was opposed by the government. The Quezon City Regional Trial Court had ruled in Casimiro’s favor and the Court of Appeals had affirmed the trial court’s decision. The government appealed the case before the Supreme Court. The Court ruled:

“As a rule, only questions of law may be appealed to the Court by certiorari. The Court is not a trier of facts, its jurisdiction being limited to errors of law. . . The Court will not disturb the factual findings of the trial and appellate courts unless there are compelling or exceptional reasons, and there is none in the instant petition.

“Petitioner failed to present before this Court any compelling or exceptional argument or evidence that would justify a departure from the foregoing general rule. This Court defers to the findings of both the RTC and the Court of Appeals as to the weight accorded, to Respondent’s evidence and the sufficiency thereof to substantiate his right to a reconstitution of the original copy of TCT No. 305917…”

In the dispositive portion of this decision, the Court denied the government’s petition and affirmed the Court of Appeals’ decision “ordering the reconstitution of the original copy of TCT No. 305917 [Casimiro’s] and the issuance of a new owner’s duplicate thereof…”

Accordingly, the NHA is erroneous. And NHA general manager Chito Cruz’s statement, that the House need not pay anything for the land, has no legal basis. Should the government hold on to the 19-hectare property now occupied by the House of Representatives and other government offices, it must make the proper payments.

—REMEDIOS CATUNGAL Y BALBIN, Foundation for Social Justice (1988), Diliman, Quezon City