OPPOSITION/OBJECTION

Simsim Compound, Maria Basa

1

Republic of the Philippines

CITY GOVERNMENT OF BAGUIO
SANGGUNIANG PANLUNGSOD
Baguio City

IN RE: OPPOSITION/
OBJECTION TO THE
INCLUSION IN THE
SUPPLEMENTAL BUDGET
OF BARANGAY PACDAL
THE CONSTRUCTION OF
PATHWAY FROM LITENG
PACDAL TO SIMSIM
COMPOUND, MARIA BASA,
PACDAL, BAGUIO CITY
x------------------------------------x

OPPOSITION/OBJECTION
The petitioners, by themselves, respectfully submits this
Opposition/Objection and states that:

1. We are registered voters and residents of Simsim

Compound, Maria Basa St., Pacdal, Baguio City.

2. We were informed that Barangay Pacdal is intending

and/or requesting the Sangguniang Panglungsod of Baguio to
finance the construction of pathway from Liteng to Simsim
Compound, Maria Basa by including the cost of the project to the
supplemental budget of Barangay Pacdal. The intended pathway
will traverse the private property of Irene Agtulao and Spouses
Bobby and Marites Bansan and will exit on the access road of
many households.

FACTS

3. To narrate a history, such proposal is not new to the

Sangguniang Panlungsod. Sometime in 2011, Barangay Pacdal
has also requested the Sangguniang Panlunsod to finance the
construction of the same pathway. Sometime in August 2011,
residents of Simsim Compound, Maria Basa have also submitted
a letter1 opposing/objecting to the proposal. Besides the letter,
there was also a dialogue in the Office of City Mayor. After the
dialogue, the project did not push through.

1
Dated August 2, 2011

1
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
2

4. Again, the said project is being requested despite the

prior information and knowledge of the Barangay Pacdal that
there was already an opposition or objection to the project and
despite the fact that it will violate the right of Spouses Bansan
and Spouses Agtulao over their property and that it will run
counter to the general welfare clause of RA 7160 2 and
manifestation of graft and corrupt practice.

ARGUMENTS

5. To reiterate, the following arguments are again raised:

6. THE EASEMENT ON
THE TITLE OF SPOUSES
BANSAN AND HELEN
PONDALES IS TO SERVE
THE ESTATE OF DELOS
REYES AND AGTULAO
ONLY

7. As per the plan for the development of the said area, a

legal easement was imposed upon the estate of Spouses Bobby
and Marites Bansan and Helen Pondales to serve the Delos
Reyes and Agtulao Family only because they have no access
road to their residence from the most convenient highway.

8. The Liteng residents who are asking for bridging of

Liteng to Simsim Compound, Maria Basa are not entitled to use
this easement as they are not those named in the plan to be the
beneficiaries of the easement; likewise, they cannot claim any
legal right to use the easement on the reason that they have
other access and available route from the highway to their
respective houses. Please take note of Art. 640 of the New Civil
Code of the Philippines which states:

The owner, or any person who by virtue of a real right, may

cultivate or use any , which is surrounded by other
immovables pertaining to other persons and without
adequate outlet to a public highway, is entitled to demand a
right of way through the neighboring estates, after the
payment of the proper indemnity.

9. In case of Liteng residents, they have an available

access route duly constructed for them. To name, these are: (1)
the stairs constructed at the opposite mountain from Simsim
compound and (2) the right of way with entrance at Siapno Road.
Both of these projects were constructed by the Barangay Pacdal
with the budget coming from the Sangguniang Panlungsod. Both

2
Local Government Code of 1991

2
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
3

of them are cemented and furnished with railings and street

lights. Both of them are also accessible to Liteng Road.

10. THE LAND ON

WHICH THE PATHWAY WILL
BE CONSTRUCTED
INVOLVES PRIVATE
PROPERTIES; THUS, IT
AMOUNTS TO TAKING
PRIVATE PROPERTY
WITHOUT DUE PROCESS OF
LAW.

11. In the proposed project, the bridge from Liteng will be

connected to the private property of Spouses Agtulao whose
consent was not secured and who will not consent to the unjust
taking of their private property.

12. Moreover, when using the pathway/bridge, the

residents shall be passing by the private property of Spouses
Bansan whose consent were not also secured and who will not
also consent to the unjust taking of their property.

13. After passing through these two private properties, they

will also pass by the easement which was paid by Jacinta Buclig
(first owner of the land of Spouses Bansan).

14. The basis for the exercise of the power

of eminent domain by local government units is Section 19 of RA
7160 which provides that:

A local government unit may, through its chief executive

and acting pursuant to an ordinance, exercise the power
of eminent domain for public use, purpose, or welfare for the
benefits of the poor and the landless, upon payment of just
compensation, pursuant to the provisions of the 
Constitution and pertinent laws; Provided, however,That the
power of eminent domain may not be exercised unless a valid
and definite offer has been previously made to the owner, and
such offer was not accepted; Provided, further,That the local
government unit may immediately take possession of the
property upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at least fifteen
percent (15%) of the fair market value of the property based on
the current tax declaration of the property to be
expropriated; Provided, finally,That the amount to be paid for
the expropriated property shall be determined by the proper
court, based on the fair market value at the time of the taking of
the property. cda
Despite the existence of this legislative grant in favor of
local governments, it is still the duty of the courts to determine

3
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
4

whether the power of eminent domain is being exercised in

accordance with the delegating law. In fact, the courts have
adopted a more censorious attitude in resolving questions
involving the proper exercise of this delegated power by local
bodies, as compared to instances when it is directly exercised by
the national legislature. 
The courts have the obligation to determine whether the
following requisites have been complied with by the local
government unit concerned:
1. An ordinance is enacted by the local legislative council
authorizing the local chief executive, in behalf of the local
government unit, to exercise the power
of eminent domain or pursue expropriation proceedings
over a particular private property.
2. The power of eminent domain is exercised for public use,
purpose or welfare, or for the benefit of the poor and the
landless.
3. There is payment of just compensation, as required under
Section 9, Article III of the Constitution, and other pertinent
laws.
4. A valid and definite offer has been previously made to the
owner of the property sought to be expropriated, but said
offer was not accepted.
|||

15. There was no showing that these were undertaken by

the Barangay or the City before the preparation, planning, funding
and/or the construction. In fact, Spouses Agtulao, Spouses
Bansan and Jacinta Buclig were not consulted during the first
project and even today that it intends to continue the project.

16. TO FINANCE THE

CONSTRUCTION IS
AMOUNTING TO CONNIVING
AND CONSENTING TO A
GRAFT AND CORRUPT
PRACTICE WHICH WOULD
MAKE BOTH THE OFFICIALS
OF THE BARANGAY
PACDAL AND SANGGUNIAN
PANGLUNGSOD LIABLE
ADMINISTRATIVELY,
CIVILLY AND CRIMINALLY

17. To reiterate, there are already two existing access route

accessible to the Liteng residents consisting of not more 100
persons. In both access routes, these were already cemented
and duly furnished with street lights whose electric consumption
is being paid by the City/Barangay.

4
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
5

18. Should the third access route be opened, this will turn
the two routes into white elephants. Consequently, it would cause
undue injury to the government as it has already spent
considerable sum of monies in the construction and maintenance
of these access routes.

19. Moreover, the project obviously and blatantly involves

taking of private property without due process.

20. Since 2011, the residents of the Simsim Compound,

Maria Basa have been interposing their objection and opposition
to the project. Such opposition and objection were made known
to Barangay Pacdal, Sanggunian Panglungsod and Office of the
City Mayor.

21. Item 3(e) of Republic Act 3019 3 provides that causing

undue injury to any party including the government through
manifest partiality, evident bad faith or gross inexcusable
negligence is a graft and corrupt practice of public officers.

22. ENACTMENT OF
CITY ORDINANCES AND/OR
RESOLUTIONS IS TO
PROMOTE GENERAL
WELFARE OF THE PEOPLE;

23. Section 16 of Republic Act 7160 4 states that every local

government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of
the general welfare. 

24. Promotion of general welfare is deciding for the best

interest of the public. Taking into consideration that there are
available access routes to Liteng residents, we are requesting the
Barangay Pacdal and Sangguniang Panglungsod to look also to
the best interest of the households of Simsim Compound, Maria
Basa.

25. Allowing the opening of another access route to an

otherwise peaceful and safe community might bring threat and
danger to it.

26. Finally, we still believe that:

3
Graft and Corrupt Practices Act
4
Local Government Code of 1991

5
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
6

Public office is a public trust. All government officials

and employees must at all times be accountable to
the people, serve them with utmost responsibility,
integrity, loyalty and efficiency act with patriotism and
justice, and lead modest lives.

PRAYER

WHEREFORE, it is most respectfully prayed for Sanggunian

Panglungsod of Baguio City and Barangay Pacdal to stop indefinitely the
construction of the project.

Baguio City. July 5, 2020

__________________________ __________________________

__________________________ __________________________

__________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

__________________________ __________________________

__________________________ __________________________

__________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

6
 OPPOSITION/OBJECTION
Simsim Compound, Maria Basa
7

__________________________ __________________________

__________________________ __________________________

__________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________

_________________________ __________________________