Bureau of Local Government Finance Opinion

January 10, 2003 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Ms. Josefina C. Manalo No. 68 Katihan Street Muntinlupa City M a d a m : This refers to your request for assistance from this Office regarding several parcels of land situated in Barangay Poblacion, Muntinlupa City. In this connection, enclosed is a copy of the 2nd Indorsement dated November 20, 2002 of the City Assessor of Muntinlupa City, in response to our 1st Indorsement dated October 23, 2002, submitting the following information: 1. Based on existing records of said office, the parcels of land which are the subject of your letter, also described and known as Lots 382, 383, 384, 385, 386, 1202 and 1203 of the Muntinlupa Estate, have been consolidated into 3 lots, (Lots 1, 2 and 3 of the cons. Subd. Plan (LRC) Pcs.-30966 that are covered by Transfer Certificates of Title Nos. 183327, 183328, 183329, respectively, all registered in the name of the Government of the Commonwealth of the Philippines; 2. Said properties cover what is known as the National Bilibid Prisons Reservation., Muntinlupa National High School Compound, and the Katarungan Village which are titled residential lots of the Department of Justice officials and employees; 3. Lot 387 has been subdivided which now comprise the titled residential lots of Ayala Alabang Village, while lot 388 is a subdivided residential lot also titled in the name of the respective lot owners of South Greenheights Subdivision and Patdu Compound; 4. Corresponding Tax Declarations have been issued to respective property owners based on Transfer Certificates of Title issued by the Register of Deeds; 5. The present occupants in possessions of the aforementioned properties are the National Bilibid Prisons, now called Bureau of Corrections the different property owners of Katarungan Village, the Muntinlupa National High School, different historical sites of Muntinlupa, property owners of Ayala Alabang Village, the Patdu Compound and South Greenheights Subdivision; CDaSAE 6. The Department of Justice has ever since been the administrator of the subject properties; 7. Subject properties are now declared under respective tax declarations, including individual tax declarations for residential properties in Ayala Alabang Village, South Greenheights, and Katarungan Village, among others. In view of the above information submitted by the City Assessor concerned; and considering that the herein subject matter involves the issue on ownership of the subject property, and the question as to who possesses the best title to the property, this Bureau believes that, for lack of jurisdiction, the same should be referred to the proper government Office, for comment/appropriate action. This Bureau, therefore, concurs with the City Assessor of Muntinlupa that inasmuch as the Department of Justice (DOJ) is presently administering some of the properties, it would be best to refer the matter to the Department of Justice (DOJ) or the Solicitor General for their comments. However, if the comments of the DOJ or the Solicitor General, would not be acceptable to you, the other recourse would be to file a case in court for proper resolution. We trust that this clarifies matters. Very truly yours, (SGD.) PRESENTACION R. MONTESA Executive Director