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DENR’s bid to gather tens of millions in unpaid foreshore leases from Oroquieta Metropolis stalls as a court docket deliberates on a land possession dispute, leaving funds in limbo
MANILA, Philippines – The Division of Atmosphere and Pure Sources (DENR) is at a standstill in its efforts to gather tens of millions in unpaid foreshore leases from the Oroquieta Metropolis authorities whereas a court docket weighs in on a foreshore land possession dispute it has with the native authorities.
A ruling this week from the Fee on Audit (COA) halted DENR’s claims of over P2.436 million in again rents.
The DENR-Northern Mindanao’s petition hinges on seven foreshore lease agreements signed in 2003, granting the town authorities authority to make use of foreshore areas throughout a number of barangays. Metropolis corridor, nonetheless, ceased funds after the primary 12 months, resulting in years of accumulating debt, now calculated by the Metropolis Atmosphere and Pure Sources Workplace at over P2.437 million.
The authorized deadlock leaves the foreshore areas – and the funds at stake – in a limbo, awaiting judicial clarification on who really owns the areas in query.
COA Chairperson Gamaliel Cordoba, together with Commissioners Roland Pondoc and Mario Lipana, stated the DENR’s declare got here prematurely, citing a declaratory aid petition pending earlier than the Oroquieta Metropolis Regional Trial Courtroom (RTC) Department 12.
“This Fee dismisses the petition for being untimely pending the decision of the petition for declaratory aid. This declare is prematurely filed and never but ripe for adjudication by this Fee,” learn a part of the COA ruling.
On the heart of the difficulty lies a authorized debate over whether or not the foreshore areas fall below DENR’s area or in the event that they have been ceded to Oroquieta primarily based on Republic Act 5518, the town’s constitution.
The foreshore lease contracts, signed on January 31, 2003, covers a foreshore space in barangays Poblacion, Poblacion II Decrease Loboc, Tabuc Norte and Sur, Canubay, San Vicente Bajo, and Mobod.
Primarily based on the agreements, the town authorities was imagined to pay an annual hire throughout a 25-year interval.
The DENR’s civil case seeks readability on whether or not the 1969 laws, which vests possession of public lands in Oroquieta Metropolis, extends to foreshore areas. The result of the case is essential for the DENR, whose declare was filed with COA in 2021 to compel the native authorities to satisfy its lease obligations.
Oroquieta officers have argued that the RTC ruling on possession must be made first earlier than the contracts grow to be enforceable.
For now, COA has dismissed the petition, concluding that any adjudication on DENR’s claims stays “untimely pending the decision” of the court docket’s determination on possession.
“Apparently, there is a matter as to the possession of the foreshore space which is already topic of a pending petition for declaratory aid earlier than the RTC-Department 12. Thus, it’s applicable for the declaratory aid to be resolved first for a judicial willpower on the difficulty of possession over the foreshore space,” the COA said. – Rappler.com
