MAKING good Mayor Tomas Osmeña’s threat, the Cebu City Council yesterday authorized him to go to court to protect the interest of its constituents who stand to lose their houses in the turnover of Capitol lots.

The Council invoked the Friar Lands Act (Act 1120), Republic Act (RA) 7279 or the Urban Development and Housing Act (Udha) of 1992, the Local Government Code of 1991 and City Ordinance 2193 that, it said, the Provincial Government did not observe.

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In filing the resolution, City Councilor Edgardo Labella said the Cebu Provincial Government “threatens the stability of the communities” that are occupying the lots that it wants to get back and use for its business projects.

The lots are owned by Capitol but are within the territorial jurisdiction of Cebu City, Labella said.

Capitol is not only violating the condition under which the lands were acquired, it is also violating City Ordinance 2193 and Udha in its plan to evict the lot occupants, Labella said.

City Hall and Capitol have tangled over issues involving Capitol-owned lots in Barangays Luz and Apas in Cebu City.

Sought for reaction, Capitol spokesperson Rory Jon Sepulveda said anew that Osmeña is only envious and that the city officials can’t think of any other way to play hero.

Sepulveda was referring to the recent decision of Capitol not to evict the occupants of Province-owned lots in Barangay Apas.

He said the city officials should instead focus on addressing the problems of the city.

Osmeña had warned Apas residents that it was just Gov. Gwendolyn Garcia’s strategy to persuade them to support the mayoral bid of her brother, Winston.

Ordinance 2193, which the city council approved on May 13, 2009, mandates that all lands acquired by government under Act 1120, should be solely for public use and
purpose.

A month before that, the city council also approved Ordinance 2186, which created a new land classification called the socialized housing zone and declared certain areas of the city, including the Central Command (Centcom) lot in Barangay Apas, as within the zone.

Labella cited jurisprudence in arguing for the approval of his resolution, which the city council passed in mass motion, during a special session yesterday.

On the Centcom lot, the city council said the signing of the memorandum of agreement (MOA) between Garcia and Defense Secretary Gilberto Teodoro last Oct. 12 dispossesses all occupants and violates provisions of Act 1120, RA 2729, RA 7160 and Ordinance 2193.

The MOA was for ownership of the lot to revert to the Provincial Government.

City Councilor Gerardo Carillo lamented that whatever acts, developments, and projects within its territory should have prior consultation with and approval of the city.

Labella said the technical working group that Capitol created to deal with the residents did not have somebody from the City in it.

Concerned with the situation, the City Council yesterday gave its imprimatur for the City, through the mayor, to seek “judicial remedy” to carry out city ordinances relevant to the issue. (RHM with RSA)