NAGA CITY - The Supreme Court has denied the Solicitor General’s petition that assailed the Court of Appeals in upholding the lower court’s decision that gave rightful ownership to a couple to some five hectares of land here, where some 300 residential houses were already built through the city government’s urban poor program.

        The contested property in Balatas, Naga City, known here as “Tapas Compound” has been virtually awarded to couple Marcelino and Estrella Latorre by Judge Felimon Montenegro on June 23, 2004, when he dismissed the claim of the government in which the Solicitor General represents.

        In a resolution of the Third Division of the Supreme Court dated 5 March 2007, the “Court resolves to deny the petition for failure to sufficiently show that the appellate court committed any reversible error in challenged decision and resolution as to warrant the exercise by the court of its discretionary appellate jurisdiction”.

        The resolution was signed by Lucita Abjelina-Soriano, clerk of court.

        Lawyer Demetrio Bolante, counsel of the Latorres, said the details of the transfer of property from the original owner, Ambrosio Francisco, to several other persons in the past had been vague.

        Bolante said that they resorted to rely mainly on the available documents of ownership and title of the contested five hectares lot to argue their case.

        He said the Latorre couple bought the property from certain Juan Meneses on July 13, 1983.

        Bolante said Meneses had bought the property from Francisco on October 25, 1968 but was only able to get hold of the title in November 1969 after he was granted the adverse claim.

        He said the government’s claim on the property stemmed from the incident wherein Francisco used the property as bail bond on a criminal case worth P12,000.

        Bolante further said that Francisco had forfeited the bond and was nowhere to be found, so that in December 1972 the property was placed on auction.

        He said that the government claimed that it was the highest bidder and a definite final sale was executed.

        Bolante said that following the definite final sale the government sought the cancellation of titles in which the Latorres responded against the move.

        He said that after several hearings he filed demurrer to evidence in which Montenegro granted.

        Bolante claimed the judge dismissed the claim of the government on the property based on the documentary evidence in which the property was viewed already owned by the Latorres before the government could own it through definite final sale.