By NITZ ARANCON
Correspondent
TWO Chinese Filipino siblings have filed a damage suit against local officials for allegedly taking from their family more than a hectare for a road leading to Misamis Oriental Rep. Peter Unabia’s property in Barangay Indahag, this city.
Vicky Giam,through her brother James Giam, filed a civil case for recovery of possession with damages against city hall, the city council, and barangay officials of Indahag.
Mr. Giam accused barangay officials of Indahag of declaring part of his property as a barangay road in favor of the representative of Misamis Oriental’s 1st District.
Giam said the barangay declaration pertaining to his family’s property was “illegal and unjust.”
Incidentally, Rep. Unabia and Indahag barangay officials are facing separate criminal and administrative cases for alleged abuse and land grabbing in the same area in Indahag. A couple accused congressman and the barangay officials of driving them out of their own property, an allegation the respondents strongly denied even as they asserted that the congressman bought the 18-hectare property from its real owners 15 years ago.
The Giams filed their case for recovery of possession and/or sum of money with damages against the local government, Indahag barangay chair Melitona Patriana, barangay councilor Carmelito Damo, Pricillano Reyes and several John Does.
Like Unabia, Patriana and Damo are also respondents in the cases filed with the Office of the Ombudsman by couple Edward and Raida Layagon. The couple alleged that they were victims of land grabbing.
In the 10-page complaint, dated Aug. 10, 2017 and filed at the sala of regional Judge Gil Bollozos, the Giams said Mayor Oscar Moreno and the city council should compensate them because the Indahag barangay council has been asserting that part of his property in Sitio Sto. Niño is a barangay road.
They also asked the court to make the Indahag barangay officials pay him P700 thousand for moral damages, P700 thousand for exemplary damages, P300 thousand for attorney’s fees, P5,000 for appearance fee, and P100 thousand for actual damages.
The Giams asked that if city hall failed to pay him within five years from the determination of just compensation by the court, they should have the option of recovering the disputed property.
“Should plaintiff exercise option to be compensated, defendant must pay to avoid being charged [with] illegal taking,” reads part of the complaint.
The case was filed in response to the Aug. 4, 2015 demolition of a concrete barricade put in place by the Giam family on the property.
Mr. Giam said Damo led a group in destroying the barricade based on a barangay resolution that declared a portion of his property as a barangay road.
He denied that his family surrendered their right over the disputed property in favor of the government.
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