A. Application for issuance of Permit to Carry Firearms Outside Residence (PTCFOR) of Hon. Pedro M. Ureta, Brgy Captain of Brgy Dapdap, Tangalan, Aklan.
B. Police Blotter Report of Tangalan Police Station, Tangalan, Aklan docketed under Entry No. 3825, Page No. 670 dated 020900 August 2009.
To assess and validate the threat to applicant Hon. Pedro M. Ureta, Brgy Captain of Brgy Dapdap, Tangalan, Aklan in line with his application
for Permit To Carry Firearms Outside Residence (PTCFOR).
III. FACTS OF THE CASE
Hon. Pedro M Ureta being the incumbent Brgy Captain of Brgy Dapdap, Tangalan, Aklan has the duty to implement ordinances/special laws within his area of responsibility. In one incident and in line with the performance of his duty he was threatened by Joel Domopy as stated in the blotter entry No 3825, page No 670 of Tangalan Police Station, Tangalan, Aklan dated 020900 August 2009. (Hereto attached)
The threat to Hon. Pedro M. Ureta being the Captain of Brgy Dapdap, Tangalan, Aklan is deemed inherent, therefore, he should be accorded the privilege of protection within the blanket of the law.
Based on the information revealed by Hon Pedro M. Ureta he was threatened by the aforesaid person and it was validated by Tangalan Police Station. Therefore, this office endorses his request for the application for Permit to Carry Firearms outside Residence (PTCFOR), as part of his personal protection.
CORNELIO T DEFENSOR Police Senior Superintendent, DSC Provincial Director
Attn: C, RID
Camp Martin Delgado, Iloilo City
Republic of the Philippines
National Police Commission
Philippine National Police
AKLAN POLICE PROVINCIAL OFFICE
Camp Pastor Martelino
FOR : PSSUPT PEDRITO M ESCARILLA, PESE Officer –In- Charge, Aklan PPO
Camp Pastor Martelino
New Buswang, kalibo, Aklan
SUBJECT : Threat Assessment Report on land dispute re Upgrading Project of Caticlan Air Port into an International Standard located at Brgy. Caticlan, Malay, Aklan
DATE : January 29, 2013
I . AUTHORITY
a) Verbal Instruction from OIC, Aklan PPO dated January 29, 2013; b) Special Report on Fire Fighting Incident dated January 24, 2012 of Malay MPS; c) Excerpts from Police Blotter Report of Malay MPS dated January 31, 2013;
The Civil Aviation Authority of the Philippines (CAAP), San Miguel Corporation (SMC) with Transaire Development Holdings Corporation thru Public Private Partnership has the ongoing project for upgrading the Caticlan Air Port into a standard of international one. The sole purpose of this assessment is to determine that whether or not there is a threat exist affecting the implementation of the said project.
III. FACTS OF THE CASE
a) Historical Background
In Sitio Minoro, Barangay Caticlan, Malay, Aklan there were Lot numbers. 3786, 3790 and 3890 at the North end bound of the above stated airport, allegedly owned by Juanito Tolosa and Prospero Tolosa Sr since the early 1926.
Said lots have been adjudicated by their heirs after their death. The heirs had cultivated the land and even made some development thereat.
No adverse claimant appears until the original Certificates of Title were issued to the respective heirs of Tolosa on December 12, 2002
Sometime that said year, Heirs of Geraldo Aron appears and claimed those lots by filing a civil case against the heirs of Tolosa but on April 24, 2003, the case was ordered dismissed for lack of evidence and failure to identify the land in question. Petitioner appealed but the decision of RTC6 was affirmed by 20th division, Court of Appeals, Cebu City on November 21, 2005.
On 2010, San Miguel Corporation (SMC) lease and took over the operation of Caticlan Airport from the government and vows to develop it as an Airport of International Standard thru Transaire Development Holdings Corporation
The Development Plan includes the expansion of its runway that will be extended to the portion of Barangay Union municipality of Nabas, Aklan. With that expansion project additional land areas are most likely in need and acquired.
On April 10, 2011Development Plan had spread out and become national news. For that particular concerned heir of Aron family got
interest and forcibly took possession the said property by staging armed security guards therein, to which the lot has already subjected for expropriation and will got paid.
They further posted a billboard manifested that the whole concerned property is owned by Doña Lourdes Rodriguez y Añeza Estate, with office address at No. 7, Sampaloc St., Talanay Batasan Hills, Quezon City through its Attorney in fact in the person Allan D Bantilo.
A Certificate of Land Occupancy is issued to a certain Nestor Rosal by Allan Bantilo covering the whole lots of Tolosa family; Allegedly Nestor Rosal sold it to the Aron Family for considerable amount. To justify a drastic action the certificate was used as legal basis in occupying the said lots as a legal battle which lodges another civil case in Municipal Circuit Trial Court of Buruanga-Malay.
The deceitful actions of Aron family were charge criminally in court; some others were arrested and posted a bail while other remains at large. That event were succeeded with several fire fighting’s/ shooting incident involving the security guards hired and allege armed men by both party as per Malay Municipal Police Station records show. (See Attached Incident Report of Malay MPS)
a ) Present Situation
Recently Tolosa family is confident enough that the court will resolve the case in favor to them, and so on with the adverse party. However the Aron clan allegedly split out into two factions. The one is opposing the construction plan claiming that there was no selling transaction was made or they don’t have any agreement for that matter.
Base on the thorough intelligence gathering information and obtained more likely reliable in nature, revealed that goons or armed men from different places were hired. The allege armed men hides behind the shadow of the security guards from a legal Security Agency, however, even the detailed order of guards was in questioned.
The project is recently in progress, and on its way to fencing the area covered from meets to boundary.
Apparently they will be a resistant on the part of the Aron family although they were not all. The resisting faction insist of their claims as to no transaction had come up and agreed, and any construction on the disputed areas will be opposed by them.
Considering that the dispute is in between the clan of Tolosa and the clan Aron, it could not be discounted that the project mentioned will not be affected.
The opposition of some Aron’s Family could be a possible resistance on the ongoing project particularly when the installation of fences reaches the land area in questioned of the real claimants to whom could benefit/s. The resistance might be possibly violent; hence there were reports of presence of armed men that could be also probably true. The risk is directly concerns with the workers and security personnel as well of this specific project, thus it will create chaos between resisting claimants and project workers.
In view of the forgoing facts and circumstances surrounding the above issue, it is then concluded that threat indeed exist.
To supersede the eminent threat, sufficient security is in need on the disputed area; just to assure that particular construction will not be delayed.