
Originally Posted by
LytSlpr
AGAIN, the constitution is not bull crap, the courts fueled by greed influenced by some entities are. the constitution is only as as good as these hoodlums in robes want them to be.
i know that the courts are not 100% clean. but if we are talking about the SC jurisprudence on the old Lahug airport, any lawyer could say it's fair and square.

Originally Posted by
LytSlpr
I don't have the exact details about the the former club filipino or cebu zoo or whatever and I am not interested in discussing that coz I might "skew" the facts.
yeah, me too.

Originally Posted by
LytSlpr
All I know is this, when the government expropriated those lots it SHOULD have been returned to the original owners for the price it was expropriated for regardless if there was an annotation on the title or not simply because it is the right thing to do. It's should have been that simple! Now that they sold it or have a JV arrangement or whatever with the Ayalas, how in all fairness could they ethically justify eminent domain? Of course, they have their legal luminaries to make BS sound like poetic justice. But hey, life and the law is unfair in that side of the world.
it's not always that way.
as already explained earlier:
"When land has been acquired for public use in fee simple, unconditionally, EITHER BY THE EXERCISE OF EMINENT DOMAIN OR BY PURCHASE, the former owner retains no rights in the land, and the public use may be abandoned, or the land may be devoted to a different use, without any impairment of the estate or title acquired, or any reversion to the former owner."

Originally Posted by
LytSlpr
Explain to me like a 5 year old how the old Lahug Airport is now owned or enjoyed (if it is a JV) by OTHER private entities just by citing eminent domain in ANY court?
Would it be right to say that anybody in government can just expropriate a private lot in the guise of general public benefit invoking eminent domain and later on sell or cut a JV with another private entity? how fair and convenient!
read my highlighted post above...
actually, ma uli man unta ang lot kung naay stipulation sa expropriation nga conditionality in case di na gamiton for public use or the original intention. sumala pa sa ubang tag-iya sa lots in the old Lahug airport, nka repurchase man cla, pero except lang sa case kang V. Chiongbian.
to give more detailed explanation:
"Finally, CHIONGBIAN cannot invoke the modified judgment of the Court of Appeals in the case of Republic of the Phils vs. Escaņo, et. al. where her co-defendants, Mamerto Escaņo, Inc., Milagros Urgello and Maria Atega Vda. De Deen entered into separate and distinct compromise agreements with the Republic of the Philippines wherein they agreed to sell their land subject of the expropriation proceedings to the latter subject to the resolutory condition that in the event the Republic of the Philippines no longer uses said property as an airport, title and ownership of said property shall revert to its respective owners upon reimbursement of the price paid therefor without interest. MCIAA correctly points out that since CHIONGBIAN did not appeal the judgment of expropriation in Civil Case No. R-1881 and was not a party to the appeal of her co-defendants, the judgment therein cannot redound to her benefit. And even assuming that CHIONGBIAN was a party to the appeal, she was not a party to the compromise agreements entered into by her co-defendants. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced. Essentially, it is a contract perfected by mere consent, the latter being manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. A judicial compromise has the force of law and is conclusive between the parties and it is not valid and binding on a party who did not sign the same. Since CHIONGBIAN was not a party to the compromise agreements, she cannot legally invoke the same.
let's note that while the repurchase by Chiongbian was dismissed, the gov't was still made to pay her the amt she deserved. pero kabaw ka, namintaha man gud pud cya sauna. gusto cya mka kwarta to which she doesn't deserve at all. gusto niya mabayran cya sa current value amounting to millions of pesos during that time w/c the courts found unjustifiable. call that greed also.
what happened to the old Lahug airport did not only happen during the term of Gwen or Pablo. It happened even before Lito O. The lots were expropriated and transferred to RP, then to MCIAA, then to JPDVC...

Originally Posted by
LytSlpr
What's the difference between that tactic and money laundering?
there's nothing of this topic to even speak of money laundering. do u even know what money laundering is?

Originally Posted by
LytSlpr
I'll give you a hypothetical example, what if the roadside lot owners in the BanTal area will be expropriated (just like in V. Rama before) and for some wild reason a train or expressway will be built say 50 years from now and the old road doesn't need to be that wide anymore. What SHOULD the government do, return it to the heirs of the original owners or gamitan na sad ug technicality nga eminent domain in the interest of the government (official) not necessarily the general public and sell it to the ayala's, gokongwei's or sy's?
unya nka kita na ba diay kag road nga gi widen unya later on gipagamay ug balik sa original? i don't think so. LOLs

Originally Posted by
LytSlpr
Pardon me, I am not a legal genius but I don't think that is how our constitution works or should work for that matter. Pero kung naa ka sa position unya naa kay contact lawom na contact sa justice system, ang palusot or ilad pwede himuon nga nindot paminawon ug mura'g insakto.
In the Philippines, justice is blind only to the poor or people without connections.
i know, but this SC jurisprudence doesn't need a legal genius to understand it. i'm not even a lawyer.
but let's limit ourselves to this old Lahug airport topic. i can't seem to see any palusot for this matter. otherwise, nahimo na unta ni ug controversy or scandal and all over the news or even the internet. wa man lage.
all we get nowadays are just gossips and rumors based on half-truths. nahug rag pang daut bah. could be coming from the CHiongbians themselves. or perhaps from the Osmenas who are drooling over the IT Asiatown w/ envy.
let's also remember that sometime ago, Brgy Luz and Brgy Lahug were fighting over the jurisdiction of the IT park. The former is Tomas' political ally, while the latter is not.