Court metes out fine to Chamber prexy for default in adverse claim

The penalty may be insignificant but just the same a regional trial court has meted out a fine of P2,000 to the president of the Bohol Chamber of Commerce and Industry. This was the latest toll arising from a long running legal skirmish between the Lims of Lite Shipping fame and Norris Oculam, the Chamber president. They were locked in a court battle over a parcel of land in Tawala, Panglao Island . The Lims thru one of its scions Richard filed a petition for cancellation of notice of adverse claim on Transfer Certificate of Title No. 32056. In a one page order, Presiding Judge Venancio Amila of the Regional Trial Court Branch 3 granted a motion for the declaration of default of Oculam and nominal party respondent Register of Deeds of the Province of Bohol by petitioner Panglao Beach Realty Corporation for their failure to file answer to the petition.

The realty firm is constructing a beach resort in Panglao called the Eskaya Beach Resort and Spa. In building the resort, the Lims applied with the Bohol Investment Board of which Oculam is the vice chair for tax incentives. However, Oculam reportedly blocked the application citing that the lots developed by the realty firm was involved in court litigation.

The adverse claim of Oculam was on a parcel of land at the back of the new resort claiming that he possesses a deed of assignment given by his business partner identified as Manuel Cantos. Records of the case showed that summons were served to both respondents on March 1, 2006 by Deputy Provincial Sheriff Melchor Solon, yet, until to the present, respondents have not filed answers.

In the same ruling, the court also cancelled the adverse claim on petitioner's TCT No.32056 for a parcel of land in Tawala, Panglao. The court labeled Oculam's adverse claim as conclusively frivolous. Only last week, another RTC cancelled another adverse claim made by one Privado Jiminez on another lot near the new resort. Jiminez, according to the Lims is a close business associate of Oculam.

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