AR. JOHNNY A.

DEGAY
City Building Official
Office of the Building Official
City of Baguio

THRU:

AR. HOMER M. SORIANO

Chief, Building Management Division

ANSWER/EXPLANATION
(to the Notice of Violation dated May 25, 2022)

On May 25, 2022, herein undersigned Paul L. Ponadon, with address at Ferguson Road,
Campo Filipino, Baguio City, received a Notice of Violation from your good office, a copy of which is
hereto attached.

On the said Notice of Violation, undersigned was required, among others, to submit within
three (3) days, his explanation/comment/answer on the notice, including possessory documents as
a basis of possession/occupation/construction if any.

As such, together with this Answer/Explanation are Copies of the following:

a. Deed of Sale of A Portion of Unregistered Land; ANNEX- “1”

b. Sketch/Special Plan of Land as Prepared for Virginia Mateo Tabaday; ANNEX –
“2”
c. Acknowledgment Receipt; ANNEX - “3”
d. Payment Order Instruction Slip and Manager’s Check; ANNEXES “4” and “5”
e. Last Will and Testimony of Amalia Cox; ANNEX “6”

The Notice of Violation was issued by your Honorable Office is for violation of Section 301-
Building Permit of the National Building Code (PD 1096) and its Implementing Rules;

The subject property is an untitled lot covered by ARP No. 96-0304-109203, located at Asin
Road, Baguio City was previously owned and still under the name of Rosita Elong;

Sometime in 2006, the property was bought by my sister Amalia Cox from Rostia Elong, but
the Deed of Sale of A Portion of Unregistered Land was under the name of our father, Francisco
Tabaday, as it was used by my parents’ in support of their Visa Application for travel abroad; The
Deed of Sale is herein attached as ANNEX- “1”;

After the sale was perfected, we had the property surveyed in preparation for the
segregation of the tax declaration from that of Rosita Elong. The Sketch/Special Plan is attached
hereto as ANNEX-“2”;

The acknowledgment receipt was signed by my father and witnessed by me, as it was I who
paid for the agreed amount as evidenced by the Payment Order Instruction Slip which I have signed
for showing that I delivered the price. The copies of the Acknowledgment Receipt and the Payment
Order Instruction Slip and Manager’s Check is hereto attached as ANNEXES-“3”, “4”, and “5”;

The property was bought with the hard-earned money of my sister Amalia Cox, who is now
deceased. Before succumbing to the effects of cancer, she executed a Last Will and Testimony in
accordance with Canadian Law, showing that she left the property for me and in my behalf as the
owner. A copy of the Last Will and Testament is hereto attached as ANNEX-“6”;
 My brother, Ferdinand Tabaday, has filed the complaint in his attempts to usurp the
possession and ownership of the property is now using and manipulating the City good office to
harass and intimidate me. He is claiming ownership without proper papers over the property that
was left to me by my sister;

Further, the unusual participation in the barangay in this regard shows that they are biased
in favor of my brother despite him not showing proof of ownership;’

As can be seen from all the pictures, the alleged excavation is actually in preparation for
planting of fruit-bearing trees on my property. There is no showing that such is actually excavation
as contemplated under the National Building Code.

Further, as advised by my lawyer, SECTION 301 of the National Building Code does not
speak of a permit necessary for gardening purposes. Planting and preparation for planting is not
covered by the National Building Code.

This is nothing but a mere attempt to forcibly enter my property by my brother. I am well
aware of the requirements of building permit and I am aware that I cannot apply for a building
permit as the property is not yet titled, as such no building permit would be issued. That is why I
am using my property as a garden for fruit bearing trees and plants. As can be seen that some trees
are already planted in the property.

Nonetheless, I am now respectfully submitting to the kind discretion of the Honorable City
Building Official to find basis and support from the foregoing answer/explanation and its annexes,
that the only reason for the complaint is my brother’s greed and wish to take over my property and
that preparation for planting and gardening of fruit bearing trees and plants is not covered and
contemplated under the National Building Code to be required of having a building permit.

It is most respectfully prayed that the Honorable Building Official, after consideration of the
justifications as provided herein, reconsider the order to cease and desist from excavation activities
as the activities conducted within my property is not an excavation but preparation for gardening
and planting.

Respectfully submitted this 13th day of October 2022, at Baguio City.

TITA M. TABADAY

Republic of the Philippines )

City of Baguio )S.C.

SUBSCRIBED AND SWORN TO before me in the City of Baguio, Philippines, this

13th day of October 2022. The affiant, who is known to me to be the same person who
voluntarily signed the foregoing document in my presence and avow under penalty of law to the
whole truth of the contents of the same.
WITNESS MY HAND AND SEAL.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2022