SC rules Energy Park land belongs to Davao Norte city

TAGUM CITY, Davao del Norte, Dec. 14 (PNA) -- The Supreme Court has ruled with finality that the 30.6-hectare land that is now billed by the City Government under the administration of Mayor Rey "Chiong" Uy as Energy Park belonged to the City Government and not to the University of Southeastern Philippines (USEP).

After almost 10 years of court litigation, the Supreme Court ruled to deny the motion for reconsideration filed by USEP following adverse decision of the Court of Appeals based in Cagayan de Oro City upholding the Regional Trial Court 1 in Davao del Norte that ruled the contentious land belonged to the City Government in view of the favorable findings of the Department of Environment and Natural Resources (DENR).

"Finally the issue is settled, it's time to develop the property for the welfare of the students," Uy said.

He said with the ruling, the City Government will appropriate money for the USEP's agriculture department development.

Earlier, the Supreme Court ruling received by City Legal Officer Atty. Roland Tumanda on November 26, 2008, said Mayor Uy, during his term prior to the city mayorship of Gelacio "Yayong" Gementiza, undertook development of the 30.6-hectare land within the city claiming that the land was idle.

Uy's move however triggered suit from USEP which saw the 82.6-hectare land situated in Barangay Apokon as belonging to USEP's properties.

But the Tagum City Government claimed only 30.6 hectares of USEP's supposed vast properties in Tagum areas.

Then DENR secretaries Antonio Cerilles and Michael Defensor ruled in favor of the City Government even if former City Mayor Gementiza during his term withdrew the case.

The Supreme Court in its ruling however gave a 52-hectare land adjoining the presently called Energy Park to USEP.

When Uy was elected again as city mayor last 2004, City Legal Officer Tumanda re-filed the same case in court.

The Energy Park land has recently became the venue of the provincial jamboree, while in portions of the wide swath of the land the Bureau of Food and Drugs and Administration (Mindanao office), Department of Education (DepEd) and the Technical Education and Skills Development Authority (TESDA) had already established their offices on it.