La Puerta El Paraiso

First it was illegal construction. Now the legal woes worsen for a returning New Zealand-based Filipina investor named defendant with three others in a land dispute involving one of Iloilo's famed families.
This, as a Civil Case for recovery of possession and ownership was filed in a Guimaras Court that further called for nullity of documents and damages with prayer for a writ of preliminary injunction and/or temporary restraining order.

Docketed as Civil Case No. 08-0359, plaintiffs are Elsa Cordero Ticao and daughters Carmelita Ticao-Panlilio, Goretti Ticao-Lee and Teresa Ticao-Lee represented by the family's attorney-in-fact, lawyer Roy Villa.

In a six-paged Complaint obtained by The News Today (TNT), defendants as named are Vivencio Ticao, Helen Clark, lawyer Rene Sarabia and a top official of the Guimaras Provincial Government, Provincial Assesor Rudante Gupeteo.

Clark is the owner-developer of La Puerta El Paraiso resort in Barangay San Roque, Nueva Valencia, Guimaras. She was first brought into the news limelight following the Notice of Illegal Construction served on her project by the Nueva Valencia Municipal Government.
La Puerta El Paraiso is hailed as the region's biggest current tourism investment with no less than Tourism Regional Director Edwin Trompeta saying "if done right, this will bring Western Visayas to greater heights."

Clark in an earlier TNT interview clarified the illegal construction charges saying she had already corrected the problem and vowed full compliance of the law. Asked then on the brewing land dispute, Clark maintained that all was legal with her acquisition of the property.
Yet the heirs of Nemesio Ticao now argue otherwise bringing the family's plight in Court.
Among the issues raised by the plaintiffs were the purported fake documents allegedly used in the fraudulent sale of the disputed property to Clark.

Evidences presented included the Waiver of Rights in favor to defendant Vivencio.
"That the plaintiffs have not given any consent to any such document alienating the aforesaid property in favor of any third person, much less a certain document entitled "Waiver of Rights" purportedly executed by Nemesio J,.Ticao in favor of the defendant Vivencio J.Ticao as specified in the aforesaid entry;" excerpts of the Complaint went.

To prove their argument, the family submitted Nemesio's passport proving that he was not in the Philippines in the stated date. Nemesio has since passed away.

Lawyer Sarabia for his part was dragged into the fray as the one who notarized the document while Gupeteo in his capacity as the provincial assessor where the plea for revival and re-instatement of a Tax Declaration in Nemesio's name was made.

Further sought is payment of P1 million in moral damages alongside P500,000 in attorney's fees which the plaintiffs want for the defendants to solidarily pay.

Hearing of the case has been set next week. The plaintiffs are aided by noted Ilonggo lawyer Romeo Gerochi.