What impact did a small mini store in barangay Doljo, in Panglao town, that prompted sheriffs of the Regional Trial Court Branch 4 to carry out a demolition order last Friday?

To the affected party let alone the management of Bellevue Hotel Resort, the mini-store which was constructed in the middle of a barangay road by the lot owner identified as spouses Joven and Aida Fudot-Cloma, it was everything because it was the access from the outside to the multi-million resort complex in Doljo, Panglao island. Known as Bellevue Resort Hotel, the complex is the biggest single investment in Bohol in terms of hotel accommodation having been categorized as the first five-star hotel in the island. All of six floors, it has 168 rooms when completed. It will open for business possibly by July this year. Although a mini-store was only the subject of the controversy, the Doljo project is fast becoming a political football in Panglao’s political divide where Mayor Benedicto Alcala on one hand is caught in a bitter conflict with V-Mayor Evangeline Bon-Lazaro and Kagawad Walter Sultan on the other hand.

During Friday’s demolition, V-Mayor Lazaro led a group of protesters supporting the cause of the store owner whose small structure was demolished by the sheriffs on the strength of a court order. Earlier, part of the Bellevue property was closed to pave the way for the barangay road which served as access of barangay people in going to the sea. To appease the people’s clamor for an access road in their trips to the shoreline after the original barangay road was utilized by the resort, the Bellevue management donated a parallel access road located just beside the original. Even with the donation of a parallel access, the lot owner constructed a mini-store blocking the entrance to the resort. Electrical gadgets, kitchen wares, transformers, and other hotel equipment were stranded in Manila awaiting transport to the hotel site in Doljo. It was gathered that the resort is paying at least P20,000 daily in storage fees for the stranded hotel machineries.

The Cloma couple aided by Doljo barangay captainMercia Denoso protested to Bellevue management to have the original barangay road returned to the management of the barangay council. This triggered the standoff between the store owner and Bellevue with Mayor Alcala and V-Mayor Lazaro acting as supporters of both conflicting parties. The demolition of the mini-store was implemented following the resolution issued by Pairing Judge Leo Moises Lison of RTC Branch 4 in a 10-page resolution acting favourably the civil case for abatement of nuisance with prayer for preliminary injunction. What triggered the court case was a complaint filed by Carmelita Pudot-Singpit and Marcelo Singpet represented by Aida Fudot-Cloma and Joven Fudot Cloma against Mayor Alcala. The case was for recovery of ownership certiorari, prohibition preliminary injunction with prayer for the temporary restraining order.

The bone of contention of the Fudot couple complaint was the closure of the barrio road on account of a memorandum of agreement entered into by Mayor Alcala and Belle South Pacific Properties Inc. through Johnny Chan in effect closing the barrio road to give way to the Bellevue resort. In answer to the complaint, Mayor Alcala through his lawyer filed a motion to dismiss anchored on at least seven grounds citing among others: no jurisdiction; action has already prescribed and is already barred by laches; and finally citing that when the parcel of land allegedly owned by Gregorio Pudot was issued a certificate of title, one of the boundaries thereof is a barangay road, and complainants did not object or protest thereto. The same motion cited that it was only made 34 years since the land was duly designated as barrio road.. Therefore, the defendant said complainants rights to recover ownership and possession of the land is already barred by laches. After appreciating the evidence presented by both parties, the pairing judge dismissed the case filed against Alcala prompting the mayor to file the abatement case resulting in the demolition order of the mini –store.