But Catacutan maintained that he is vested with authority from the defunct Housing and Urban Development and Coordinating Council (HUDCC) – Pinatubo Project Management Office (PPMO) to “renovate and utilize” the building by virtue of the letter signed by then site manager Romeo S. Garcia on January 15, 2002.
Garcia even praised Catacutan for his efforts in renovating the morgue building saying it is both “laudable” and “highly appreciated” because the said building was “abandoned, looted and vandalized since 1992 after its construction.”
However, Rodriguez said Catacutan is now illegally occupying the morgue building since a Deed of Transfer and Acceptance (DOTA) was already awarded to the local government unit (LGU) by the defunct HUDCC-PPMO which no longer has authority over the said property.
Rodriguez also pointed out that Catacutan has no lease contract from the HUDCC-PPMO or the National Housing Authority (NHA) to occupy and utilize building other than the 2002 letter signed by Garcia.
In a January 30, 2015 judicial affidavit, Rodolfo E. Dino, acting estate supervisor of the NHA, testified that the morgue building is presently occupied by Catacutan and that “there is no contract of lease executed by NHA in favor of Catacutan.”
In retrospect, Civil Case No. 971-4-12 was filed on April 17, 2012 with the Regional Trial Court (RTC) Branch 66 here by incumbent Cristo Rey Barangay Captain Rolando C. De Leon, Kagawad Benjamin C. Pabustan and a certain Feliciano R. Miranda against Catacutan for “recovery of possession” for the said building sitting on a 500 square-meter lot.
In the complaint, De Leon, an ally of Rodriguez, said he was authorized by the sangguniang barangay to file a case against Catacutan to recover the said property which is allegedly a component of the 10-bed clinic of the O’Donnell Resettlement in Barangay Cristo Rey here.
But Catacutan maintained he is the rightful occupant of the building based on the NHA letter on September 24, 2010, that the morgue is not part of the items turned over to the LGU.
Catacutan also said the DOTA transferred the facilities and components of O’Donnell Resettlement on an “as is where is basis” with only the 10-bed clinic, day care center, police and fire stations, and the public market for a total project cost of P25,267,108.42.
Catacutan’s contentions were dismissed outright by the complainants who said Catacutan should vacate the building because it is part of the 10-bed clinic which is now owned by Barangay Cristo Rey as evidenced by a certification issued by then NHA OIC Engr. Rodrigo L. Corral on June 2, 2011.
Meanwhile, Rodriguez sent a “final warning” on May 2 to Catacutan to vacate the building which he is occupying for free because funds were already set-aside to renovate the morgue for the “general welfare and benefit” of the residents of the resettlement and the town’s western barangays including Aranguren, Sta. Lucia, Patling, Sta. Juliana, Bueno and Maruglu.
