Appeals court rejects Tiengs’ townhouse plan

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The Court of Appeals (CA) has overturned a decision by Quezon City Regional Trial Court Judge Charito Gonzales that would have allowed the Tieng brothers’ Solar group to build a townhouse complex in Matandang Balara, Quezon City.
The CA in its May 16 ruling, agreed with the National Housing Authority (NHA) and Land Registration Authority (LRA) in rejecting the plan of the Tiengs.

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Solar Entertainment Corporation’s office is in Broadcast City, Capitol Hills Drive, Matandang Balara, Quezon City.

The appellate court said the Department of Environment and Natural Resources and the LRA have cast doubt on the authenticity of the Solar owner’s duplicate copy of title.

It also found no merit in Solar’s contention that the NHA’s opposition to its petition is a collateral attack on the validity of its title, but merely informed the RTC of the pending actions and reports concerning the technical descriptions contained in the title.

Also, Solar did not adduce any evidence to rebut the findings of the DENR and the various divisions of the LRA as to the overlapping technical descriptions in its title and the dubious entries therein.

“In sum, the foregoing pieces of evidence do not only raise doubt as to the authenticity and genuineness of the owner’s duplicate of TCT No. 145389 but are also not persuasive as to warrant the reconstitution of Solar’s title,” the CA said.

The NHA and LRA denied Solar’s application to reconstitute the title to the Balara property, which Solar had acquired from AP Far Eastern Realty and Builders Corp.

The NHA and LRA found that the records pertaining to the 8,843-square-meter property had documentation problems and the technical description in the LRA records states that the property is located in Sto. Domingo, Cainta, Rizal.

Solar is expected to appeal.

Oddly, Solar News recently posted an item on its website saying that Quezon City officials have identified the Balara district as one of the potential earthquake ‘hot spots’ that will likely bear the brunt of a Magnitude 7 tremor to hit Metro Manila.

 

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