93-1 residents to pay balance

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Sunday, December 22, 2013

A HOMEOWNERS’ association living on a property under Provincial Ordinance 93-1 has set its terms for the solution of the decades-old problem.

The Sambag Residents Organization Homeowners’ Association Inc. wrote Gov. Hilario Davide III that it is willing to pay off the remaining amortization including interest.

“We, the actual occupants and beneficiaries, by way of reiteration, would like to manifest that we are ready, willing and able to pay our outstanding unpaid balance of the real property sold by the Provincial Government, by way of installment,” the eight-page letter to Davide read.

The association has offered its own suggestion to the computation: original price as set by the ordinance with six percent interest per annum. The interest will be computed according to the length of delinquency.

The formula is based on the New Civil Code.


Copies of the letter were furnished to Cebu City Mayor Michael Rama, Office of the Visayas Ombudsman, Division for the Welfare of the Urban Poor (DWUP) and Councilors Nendell Hanz Abella, Alvin Dizon and Gerardo Carillo.

The letter was received by the parties on Dec. 4.

The group said it has sent an earlier letter to then acting governor now Vice Gov. Agnes Magpale in the first quarter of this year pertaining to the members’ willingness to pay off amortization balance but lamented there was no reply from the provincial official.


“Almost 10 years had passed but resolution to the issues posed by the 93-1 properties and its occupants are still to be crafted and formulated and seemingly no clear solution was presented yet other than the intention to sell the same to the occupants,” the letter read.


Counting of the years started in 2004 when then governor now Rep. Gwendolyn Garcia considered the deal between Capitol and residents has ended because the deadline for payment of amortization has lapsed, as indicated in Ordinance 93-1 coupled with two extensions.

The group said turning away from the contract without notice is contrary to law, particularly the Maceda Law or the Realty Installment Act.

The homeowners association asked that their payments be received.

This is the most logical solution, the group said, because evicting the residents would pose more of a problem considering that the Province would have to prepare a relocation site based on the Urban Development and Housing Act.

The association also mentioned the P100 million already allocated by the Cebu City Government to help the residents in the negotiations with Capitol.

The letter was signed by 56 residents.

The 93-1 properties are scattered in Barangays Apas, Busay, Camputhaw, Capitol Site, Kalunasan, Lahug, Lorega, Luz, Mabolo and Tejero.

Published in the Sun.Star Cebu newspaper on December 22, 2013.

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