School principal faces rap for illegal land donation
BINALONAN-A school principal here could face criminal and administrative cases for unilaterally donating a part of the lot of the Don Juan G. Macaraeg National High School to the municipal government two years ago without expressed authority from the Department of Education Culture and Sports.
The deed of donation was signed by Mrs. Perlita V. Meniado, representing DJGMNS as donor, and Mayor Isaiah Asuncion, Jr., representing the municipal government as donee on October 25, 1999 and entered into the books of notary public Isaiah Asuncion, Sr., father of the mayor.
The DECS, through Bartolome S. Carale, undersecretary for legal affairs, said the deed of donation executed by Meniado and approved by then Schools Superintendent Nicanor Salazar, Jr. is an unauthorized act and therefore null and void.
The controversial deed of donation transferred and conveyed to the municipality a segregated portion of 20,000 square meters from the total 77,197 square meters occupied by the DJGMNHS to be used as site of the proposed Binalonan Public Market.
Carale said that there is nothing on record any authority or any delegation of authority to such officers or employes made in writing by the Secretary, DECS, Pursuant to Section 7(8), Chapter 2, Book IV of the Revised Administrative Code to execute the deed of donation.
He added the intended purpose for the of the donation to allow the building of a moderately sized mall to cater to the needs of Binalonan and neighboring town's is repugnant to the ends for which MECS Order No. 50, Series of 1983, dated October 21, 1983 has been promulgated and issued.
The MECS Order NO. 50 decrees that lands acquired for school purposes, may not without the consent of the legislature, be disposed of by local government for any other purpose as long as the same is needed as school site.
The project is being opposed by 19 of 24 barangay captains who said this would not only deprive the municipality of its 20 per cent development fund which would go to loan amortization.
Parents also denounced the project because the lot where the mall will rise is a property of the school and that the donation made by Meniado was null and void.
In his letter, however to the SP, Asuncion, a lawyer, said: : May I remind you that any question on the legality of the transfer of the property, which will be used as the site of the project, is not a valid ground for the non-ratification of the loan agreement because the said property is not utilized as collateral in the loan agreement.
PHILTA CLASSIC TITLE