SAN JOSE, C. SUR – The hearing for the expropriation case involving the 103-hectare proposed site of an airport beside Caramoan town proper and within the coverage area of the Hanopol Dam Irrigation System commenced Thursday, February 7 at the RTC Branch 30 here with the defendants asking for the dismissal of the case and the plaintiff seeking the grant of properties upon deposit of 15% of the market value of the property as ascertained by the court.
Presiding Judge Noel de Guzman Paulite had required both counsels to submit their respective memorandum within 15 days from the date of hearing.
The plaintiff in the case is the Camarines Sur provincial government through Gov. L-Ray Villafuerte who was represented by counsel Atty. Janis Ian Regaspi-Cleofe while the defendants include dozens of Caramoan residents who had executed a special power of attorney for Bishop Manolo A. de los Santos, D.D., actually one of the defendants, to represent them. Their counsel is Atty. Amador L. Simando, Sr.
Simando argued that the case should be dismissed first, because there was no valid offer to buy the properties which is a prerequisite for an expropriation case and second, because the plaintiff admitted that the proposed airport is a national project to be funded by an allocation of P45 million from the DOTC through the Air Transportation Office.
Simando said that if it is a national project then the provincial government has no rightful personality to seek expropriation of the land in question since that should be the task and responsibility of the national government agency involved.
Simando also said that there was no valid offer since former Camarines Sur Provincial Attorney Augusto A. Camano offered to buy the properties at P68,200.00 per hectare long before the Sangguniang Panlalawigan passed an ordinance on August 28, 2007 authorizing the expropriation proceedings. Camano was authorized by Governor Villafuerte to offer to buy the properties on July 27, 2007 and the actual offer was made August 8, 2007.
Construction of the airport at the site is opposed by the Caramoan municipal government, the barangay councils of all barangays covered by the proposed project namely, Binanuahan, Lubas, Tawog, Terogo and Cadong; Caramoan pastoral councils with hundreds of signatories and some 300 Caramoan teachers who all signed resolutions and petitions addressed to President Arroyo.
They said they are not against the construction of an airport in the town but not where it is proposed to be built because it is too close to the town proper and right at the very limited coverage area of the Hanopol Dam Irrigation System for which the government already spent more than P100 million.
