Saturday, February 18, 2017

Barred buses can use access road based on sale

By Mortz C. Ortigoza

DAGUPAN CITY – Solid North Bus company could use the access road at the back of its terminal deprive to her by the Victory Liner Incorporated (VLI) if based on the condition of the Deed of Absolute Sale between the seller and the buyer of the land.
The Deed was concluded in July 19, 2005 between the Pangasinan Filipino-Chinese Chamber of Commerce (PFCCC) and Johnny T. Hernandez, President and General Manager of VLI.
Image result for solid north bus dagupan
 Section 5 says “Condition. The buyer should allow the owners of adjacent lots, as well as the general public, to use the subject property as a public thoroughfare”.
PFCCC was represented by its president Benjie S. Lim, then mayor of this City.
The 692 square meters property where some portions were used as easement was sold by the Chamber to VLI for P1, 384,000.00.

The access road at the back of Victory Liner and its partner Five Star Bus became nagging issue at the height of this City’s leadership struggle for solution to ease up the traffic congestion because Victory Liner would not allow Solid North Bus to enter and exit at the real property called Villa Costa Road.
Its staff even put some concrete barriers at the back of Solid North’s terminal to deprive the latter of entrance and exit there.
To solve the dilemma of the beleaguered bus, the City government under Mayor Belen T. Fernandez allowed its ingress and egress in front of the thoroughfare of Perez Boulevard that add however to the traffic congestion.
The use of Perez Boulevard as an exit of the three Manila bound bus companies hogged lately the news headlines after the members of the Sanggunian Panlungsod (city legislature) allowed them to exit at the thoroughfare in Perez despite the advocacy of Mayor Belen Fernandez to prohibit them in the amended ordinance the councilors had just passed.
The mayor vetoed that portion of the law that allows them to pass while approving the entire ordinance that could mitigate the perennial traffic snarl.
“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.
Meanwhile, a lawyer who asked anonymity, said that despite the prescription of four years that estopped the heirs of donor Basilio Lioanag to claim the 692 square meters property because the Chamber violated condition of the donation to use it as purely host for a cemetery, the heirs could still contest the return of the property to them because when Lim sold it to Victory Liner it lacks a board resolution of the officers of the Chamber.
“Its null and void ab initio. You read the documents, all you can see are the Declaration of Real Property, Transfer Certificate of Titles, Certificate Authorizing Registration from the BIR,  Deed,  official receipts but no Certification of the Board Resolution,” he stressed.
A source said the heirs of Lioanag were smarting because the condition of the donation was for the Chinese to have access road for their vehicle during All Soul’s Day.

Even the commercial establishments that are leased by the Chamber were a glaring violation of the condition of the donation. Basilio Lioanag wanted the entire area to be appropriated as solely for cemetery and not a commercial hub for buildings and bus companies,” the source said.


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