By Felipe V. Celino
ROXAS CITY, Capiz – The Regional Trial Court (RTC) here dismissed Civil Case No. V-46-21 for unlawful detainer with damages filed by President Roxas Mayor Receliste Escolin over the contested lot currently occupied by the town’s public market for lack of merit.
In her order dated June 19, 2024, Judge Esperanza Isabel Poco-Deslate of RTC Branch 19 noted that the motion for reconsideration on the grounds of lack of capacity to sue was denied.
The court cited the decision of RTC Branch 48 in Bacolod City in Special Proceeding No. 15-2474, dated August 24, 2017, where petitioners Ramon Locsin and Ma. Lourdes Locsin-Escalante were appointed as joint guardians over the person and properties of Luisa Locsin.
The court ruled that the motion for reconsideration lacked merit.
Regarding the motion for supplemental reconsideration and to admit newly discovered evidence, the court found that the deed of donation was not newly discovered evidence, as it was mentioned at the outset.
Escolin presented a certified true copy of the deed of donation dated February 24, 1956, obtained from the National Archives of the Philippines (NAP).
“It was only on how it can be produced to present the same in court. The Archives Collections and Access Division of the NAP is a government institution where notarized documents can be found. The same should have considered a source of the documents as part of reasonable diligence,” the court ruled.
The court also cited the Supreme Court, stating that “a party claiming deprivation of day in court should file a timely motion for new trial before appeal, or the period for filing a motion for new trial is within the period of taking an appeal.”
However, the motion was filed after the decision on appeal.
The local government unit of President Roxas acquired a loan of P100 million from the Development Bank of the Philippines for the rehabilitation and construction of a new public market located in Poblacion Sur in July 2018, with an interest rate of 24 percent per annum.
The loan is payable within 13 years on a 40-quarterly equal installment basis, inclusive of a 3-year grace period. For the first three years, the local government unit will pay interest exclusive of the principal.
The lot where the market was constructed was allegedly not donated by the Locsin family.
Escolin traveled to Manila to search for the deed of donation at the NAP and proudly announced in a media interview upon his return that the property where the public market of Pres. Roxas, Capiz is situated is covered by a deed of donation.
This contradicts claims by some individuals that it is still private property.
Escolin confirmed that the local government unit has a certified true copy of the deed of donation secured from the NAP.
He said the 19,980-square meter property (Lot 1-B-1-D) was donated by Doña Luisa Consing-Locsin in 1956 during the term of former Mayor Jose Viterbo.
Escolin said it was challenging to find the documents proving the property was indeed a donation to the town. He asserted that the deed is authentic, denying claims by his critics.
“It’s a success for the people of President Roxas because the documents are evidence that this property is truly owned by the local government,” Escolin said.
