Pagadian City Resolution No. 2024-0834 — Authorizing The Honorable City Mayor To Initiate The Appropriate Lega…

RESOLUTION NO. 2024-0834
(Co-Sponsors: Committee on Laws, Rules & Policy Formulation, Committee on Planning & Landed Estates, and Committee on Finance & Appropriations)

"A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR TO INITIATE THE APPROPRIATE LEGAL ACTIONS (RECONVEYANCE, RECOVERY OF OWNERSHIP AND POSSESSION, DAMAGES, AMONG OTHERS) AGAINST THE HEIRS OF JOSE AND NATIVIDAD SUMAMPONG AND THOSE POSSESSING OR CLAIMING RIGHTS OR INTERESTS OR CLAIMING OWNERSHIP, TO INCLUDE THOSE WHO HAVE CERTIFICATES OF TITLE UNDER THEIR NAMES, AMONG OTHER INDIVIDUALS, AFFECTING A 17,474 SQUARE METERS PORTION OF LOT NO. 5856-E (LRC), SITUATED AT NAZARETH, BUENAVISTA, PAGADIAN CITY, REGISTERED UNDER THE TRANSFER CERTIFICATE OF TITLE (TCT) NO. (T-4,629) -T-1774 UNDER THE NAME OF JOSE SUMAMPONG, AMONG OTHER CERTIFICATE OF TITLE"
WHEREAS, the spouses Jose and Natividad Sumampong, for a consideration of Sixty- Nine Thousand Eight Hundred Ninety-Six Pesos (P69,896.00) sold in April 4, 1994 a 17,474 square meter portion of Lot No. 5856-E (LRC) to the City Government of Pagadian, the latter having been represented by then Mayor Benjamin F. Arao; 
WHEREAS, Lot No. 5856-E (LRC) contains a total area of Twenty-Five Thousand Nine Hundred Seventy-Four (25,974) square meters and originally covered by TCT No. (T-4,629) -T-1774 of the Register of Deeds for Pagadian City; 
WHEREAS, the aforesaid sale transaction is evidenced by a Deed of Sale of Registered Land dated April 1994 which was duly executed by vendor-spouses Jose Sumampoing and Natividad Sumampong and duly notarized by Notary Public Honorio B. Alonzo with Doc. No. 344; Page No. 70; Book No. XLV-48, Series of 1994; 
WHEREAS, that on December 7, 1999, Natividad Sumampong declared the original Owner's Duplicate copy of TCT No. (T-4,629) -T-1774 as lost and filed a Petition in Regional Trial Court Branch 21 for the re-issuance of the original owner's duplicate copy of TCT No. (T-4,629) -T-1774 and was able to secure a re-issued owner's duplicate copy of the said TCT; 
WHEREAS, the 17,474-square meter portion of Lot No. 5856-E (LRC) which was sold to the City Government of Pagadian as above-mentioned were sold by the Heirs of Jose Sumampong and Natividad Sumampong and is now in the possession of other individuals to the damage and prejudice of the City Government of Pagadian; 
WHEREAS, it is incumbent, as it is the obligation and right, of the City Government of Pagadian to cause the recovery of the ownership and possession over the 17,474-square meter portion of Lot No. 5856-E (LRC) subject to the aforesaid Deed of Sale of Registered Land dated April 1994 and to have the subsequent certificates of title (which arose after TCT No. (T-4,629) -T-1774 was cancelled by the Office of the Register of Deeds of Pagadian City) cancelled and the 17,474-square meter portion of Lot No. 5856-E (LRC) reconveyed in favor of the City Government of Pagadian; 
WHEREAS, for the right to materialize, it is necessary that the City Mayor be accorded the proper authority to sue or take legal action for the reconveyance and recovery of such 17,474-square meter portion of Lot No. 5856-E (LRC); 
NOW, THEREFORE, on seconded motion of Honorable Ma. Alicia Elena V. Ariosa, be it
RESOLVED to authorize, as this body hereby authorizes the Honorable City Mayor to initiate the appropriate legal actions or proceeding (Reconveyance, Recovery of Ownership and Possession with Damages, among others) against the heirs of Jose and Natividad Sumampong and those possessing or claiming rights or interests or claiming ownership, to include those who have certificates of title under their names, among other individuals, affecting the 17,474-square meter portion of Lot No. 5856-E (LRC), situated at Nazareth, Barangay Buenavista, Pagadian City, registered under the Transfer Certificate of Title (TCT) No. (T-4,629)-T-1774 under the name of Jose Sumampong, among other Certificate of Title. 
RESOLVED FURTHER, to let a copy of this Resolution be forwarded to His Hono,r City Mayor Samuel S. Co, and to the City Legal Officer, for their information, guidance and/or appropriate action.
APPROVED UNANIMOUSLY.
I HEREBY CERTIFY to the correctness of the foregoing resolution. 



 BALDOMERO FERNANDEZ
 City Vice Mayor/Presiding Officer

Verified:

 MONIQUE SHAIRA Y. TO
 SP Member/Floor Leader


Attested:

 ELKID P. NACUA
 Secretary to the Sangguniang Panlungsod