Friday, August 13, 2004 DOJ, DENR officials tell parties: Go to court By Liberty A. Pinili Sun.Star Staff Reporter
THE conflict between the cities of Cebu and Talisay over ownership of a portion of the South Reclamation Project (SRP) is better resolved in court, officials of the environment and justice departments said in separate interviews.
Department of Environment and Natural Resources (DENR) 7 technical director for land management services Dianne Apistar said even if they survey the land boundary bet-tween Cebu and Talisay City, they have no way of knowing if Talisay’s ownership claim is true.
This is because DENR can only conduct relocation survey on land.
The SRP, on the other hand, sits on what was once underwater and there are no existing cadastral surveys or maps containing information about the reclaimed land.
Mapping
The question on territorial jurisdiction can be answered by delineating the municipal waters of Talisay and Cebu, which is a mandate of the National Mapping and Resource Information Authority (Namria), said Apistar.
She also said the reclaimed land cannot be issued a title unless Namria classifies it as alienable and disposable land.
Lawyer Wilberto Tolitol of the Department of Justice (DOJ) in Manila said the two local governments should have a resurvey (or in DENR technical terms, a relocation survey).
“If the resurvey reveals that part of the SRP is inside the boundary of Talisay, then so be it,” Tolitol said.
He said if this is the case, Talisay will have to reimburse Cebu City for the cost of developing that portion of the SRP.
He said the legislative councils of the two cities should resolve the conflict based on the result of the resurvey.
Go to court
However, he also said, it appears that there are many issues that make the case complicated, which is why the matter is better brought to court.
One of the issues is the claim of Cebu City officials that when the plan for SRP was presented to Talisay, the other local government did not make any objection.
Tolitol said if this is true, Cebu City can move that Talisay be estopped from claiming the reclaimed area due to its prior silence on the issue.
Estoppel by silence, which is related to estoppel by acquiescence, occurs where there is “inexcusable delay in asserting a right” or when there is acquiescence in existing conditions.
Tolitol stressed that he is merely expressing his opinion on the matter and not that of the DOJ.
In a separate interview, Apistar said the court may summon concerned government agencies like DENR and Namria to help solve the issue.
She also clarified that Cebu City has not yet applied for a special patent for SRP.
What Cebu City is asking, through the DENR, is a presidential proclamation declaring the SRP as an area reserved for a certain purpose.
The application for special patent comes later, said Apistar.
For Palace
What the DENR 7 forwarded to its central office in Manila is sketch plan of the SRP, technical description of the reclaimed land, request of Cebu City for a presidential proclamation and opposition of Talisay City.
The DENR 7 land management service also forwarded a report that the technical description and sketch plan of the SRP, as submitted by Cebu City, have been verified.
The environment secretary will be the one to submit the documents to the President.
If the President issues a proclamation, Cebu City can have the SRP surveyed.
The results of the survey will then be verified by the DENR, which can only do so once Namria has determined the classification of the reclaimed land.
“We will not side with anyone,” Apistar said. “We want to help find a resolution to the issue.”
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