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Wednesday, May 11, 2005
Private owners ask: Exclude us
By Garry Cabotaje & Reneh H. Martel
Sun.Star Staff Reporters
TALISAY City may have found another basis for its claim that a portion of the South Reclamation Project (SRP) has encroached into its territorial jurisdiction.
City Administrator and Legal Officer Aurora Econg said the SRP has encroached on the properties of the families of Manguerra, Maglasang, Taneo and Ting, which are all found within Talisay.
Yesterday, Macaraig L. Canton Jr., heir and administrator of the estate of the late Sofia L. Canton of Talisay City, went to Econg’s office to submit a letter he sent to the Department of Environment and Natural Resources (DENR) last April 28.
Canton’s letter stated that a portion of the Canton estate “has been developed by Cebu City as part of their South Reclamation Project.”
The Cantons have two separate lots, one covering an area of 4.4526 and the other about 11.8 hectares in Barangay San Roque in Talisay. Both are covered by tax declarations 40124 and 40125.
Canton furnished Econg with machine copies of the deeds of absolute sale for several parcels of land from Loreto Co to Sofia, which include the two foreshore lots allegedly found in the SRP.
He said the late Sofia bought the lots from Co on May 12, 1988.
“It is hereby most respectfully prayed to exclude the aforementioned two lots from the SRP of Cebu City,” read Canton’s letter to the DENR.
Cebu City Councilor Jose Daluz III wants a geodetic team to conduct a survey on the “metes and bounds” of Talisay City.
In his proposed “resolution cum petition,” he asked the City Councils of Cebu and Talisay to agree on the geodetic team’s composition and “mutually respect” the results of the survey.
Section 118 of the Local Government Code provides that conflict on boundaries involving a highly urbanized city like Cebu should be amicably resolved by the legislative councils of the local government units concerned.
If the conflict is not resolved there, the matter would have to be brought to a regular court.
‘Inutile’
Daluz also asked the Cebu City Council to agree that municipal boundary marker (MBM) 30, which marks the boundary between Cebu City and Talisay City, was “completely submerged in seawaters by natural process.”
So it is “erroneous” and “inutile” to use MBM 30 to determine the land area of Talisay City, Daluz said.
Daluz, chairman of the committee on land acquisition, said that by using MBM 30, Talisay “included the waters in its computation of its land area.”
“The perpetuation of this patently erroneous and flawed present territory or land area of the City of Talisay is prejudicial to the territory of City of Cebu,” his proposed resolution said.
“Talisay City, at the expense of the City of Cebu, is presently claiming territorial jurisdiction over a portion of the South Reclamation Project on the basis of MBM 30.”
According to the National Mapping Resource and Information Authority (Namria), upon the “agreement” of both Talisay and Cebu City, MBM 30 was used as one of the bases for determining the municipal waters of the two local government units.
‘Bite’
Talisay Mayor Socrates Fernandez, on the other hand, remains unfazed about Osmeña’s threat to personally question Talisay’s cityhood in court, saying that anybody can do that in a democratic country.
In a press statement, Rep. Eduardo Gullas, who served as the first Talisay City mayor from 2001 to 2204, said in reaction to Osmeña’s threat: “I am not in the business of stopping mad dogs from running berserk.”
“My advice to the mayor (Osmeña) is stop barking, just bite,” Gullas said.
In a separate interview, Fernandez described as an “invalid conclusion” Osmeña’s claims that the Talisay City, because of its questionable cityhood, allegedly stole the Internal Revenue Allotment (IRA) of other cities.
“Any conclusion cannot become valid unless the premise is integrally right,” he said.
Fernandez stressed that the Talisay’s cityhood is aboveboard as it was made into law under Republic Act 7989, converting the former municipality of Talisay into a city.
“That is already moot and academic, and should be addressed to the court,” said Talisay City Vice Mayor Aberdovey Belleza.
(May 11, 2005 issue)
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