MikeLigalig.com

By Bohol Chronicle

"Hell hath no wrath like a woman scorned" aptly describes the defiant stand of Doljo Barangay Kapitan Mercia Denoso on the contentious issue of a barangay road used from time immemorial as access to and from the seashore.

This access road was closed to give way to the ongoing construction of a five star hotel.

The closure triggered a storm of protest by officials and residents of Barangay Doljo that reached all the way to the Office of the Governor and the Sangguniang Panglalawigan.

Denoso, together with majority of the barangay council boycotted the signing of a deed of donation for a 855 sq.m. concrete road that will serve as a road for public use to and from the seashore.

The road donated by Johnny Chan, representing Belle South Pacific Properties, Inc., owner of Bellevue Bohol, a 5 star hotel under construction, was in exchange of the closure of the long existing barangay road that is located smack right between two titled properties of Belle South Pacific Properties, Inc.

Denoso told the Chronicle that barangay officials were one in agreement not to accept the road donated by Chan since there was nothing to exchange.

"The long existing barangay road was closed by Bellevue without our consent. The claim of representatives of Bellevue that no documents exist to prove there is a barangay road was belied by two Titles annotating the technical description of the barangay road", Denoso said.           
The 6,262 square meter property is covered by two titles - TCT No. 33569 with an area of 5,000 sq.m. and TCT No. 33570 with an area of 1,262 sq.m.

Technical descriptions of both titles shows the existence of a "barrio road" that separate the two properties.

The "barrio road" has a length of 280m more or less extending up to the salvage zone.
Denoso also assailed a hastily prepared MOA by the Sangguniang Bayan without the proper consultation with the barangay officials and residents.

As worded, the MOA presumed that the LGU of Panglao "have been publicly using as Barangay Road a portion of land that directly traversed the lot owned by Belle South Pacific Properties, Inc."

The MOA also admitted that Belle South Pacific closed the barangay road to give way to the construction of the hotel even as Belle South Pacific"shall be allowed to utilize the unused part of the old barangay road to be an access way for suppliers to and from the kitchen of the Hotel"

A certification dated April 20, 2010 was issued by the Office of the Sangguniang Bayan that no endorsement was given to close the barangay road.

The certification was signed by former Vice Mayor Pedro Fuertes upon the request of Engr. Antonio Dominguez.

The feisty Engr. Dominguez, a geodetic engineer, also a vocal critic of the road closure was responsible for most of the cadastral survey done on lots near the shores of Doljo including the lots presently owned by Bell South Pacific.

Dominguez told the Chronicle that ever since the Bellevue properties were in the possession of the late Troadio Tecson, then by Cattleya, the existence of the "barrio road" were annotated on the titles.

Bell South Pacific reportedly bought the properties from Cattleya.

The purchase was hounded by controversy with allegations of a P10M pay off to a Supreme Court justice for a favorable decision for one of the parties. Hefty fines were meted to the Boholano lawyer for his reckless accusations.

The controversy is now scheduled for hearing at the Sangguniang Panglalawigan.

In a strongly worded letter to Governor Edgar Chatto, charges of land grabbing, illegal occupation and fencing including present danger of environmental damage due to a total disregard of the 20 meters salvage zone were alleged by Engr. Dominguez against the ongoing Bellevue construction.

Questions of "conflict of interest" were also raised by Dominguez on the hiring of Elvie Sarmiento, whom he claimed to serve as a consultant of Bellevue while employed as a private secretary to the Mayor of Panglao.

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