Wednesday, February 21, 2007
Capitol shuts 2nd road in 2 days; Tomas doesn’t know what’s next
By Jeanette P. Malinao & Linette C. Ramos
Sun.Star Staff Reporters
CEBU Gov. Gwendolyn Garcia yesterday sent heavy equipment to bulldoze a paved road encroaching on a provincial lot in Banilad, Cebu City and asked the agricul-turist’s office to plant bananas on it.
The access road from Banilad to the Asiatown I.T. Park wasn’t always open to the public, but the City reportedly requested that it be opened last Sinulog, and then permanently for public use.
“The legal basis is ownership. The title belongs to the Province, there’s no annotation that it’s a road, so what more legal basis do we need?” said Capitol consultant Pablo John Garcia.
“We’re just securing the properties to show the City what the Province has done to improve traffic in the city,” he added.
Cebu City Mayor Tomas Osmeña yesterday appealed to the public for understanding and to make sacrifices where closures of Province-owned roads are concerned.
Osmeña admitted he does not know yet what the City’s next step will be, after Governor Garcia ordered another provincial road
in uptown Cebu City, near the Larsian barbecue stalls in Fuente Osmeña, closed last Monday afternoon.
Road closure
“We will assess the situation. In the meantime, I’m asking the Cebuanos to bear with us. Up to 5,000 families are going to be dislocated here, so what’s a little sacrifice on our part?” he told reporters.
Cebu City wants to exchange some property in the North Reclamation Area with Capitol-owned lots occupied by nearly 5,000 city constituents in 11 barangays.
When the Capitol proposed a “value-for-value” exchange instead, the City—citing the need to study traffic—ordered a moratorium on development projects in Banilad and Talamban.
One of the affected ventures is Ciudad, a private consortium’s project in a Banilad property that belongs to the Province.
Osmeña said he was willing to allow the construction of Ciudad since he has always wanted to promote an atmosphere of cooperation with the Province.
“If the spirit of cooperation is gone, we don’t feel compelled to give concessions to the Province. If they want to close their roads, it’s up to them,” he said.
Citom Executive Director Arnel Tancinco said the closure of the road across the Fuente Osmeña circle did not have much of an impact on traffic in the area, but they will continue to monitor the traffic for recommendations on what City Hall should do.
Options
The Province has the right to close that road because its officials can exercise their corporate powers as provided under the Local Government Code, said an official from the Department Of Interior and Local Government (DILG).
The only way for the City to have this area reopened is for it to negotiate with the Province to have it donated or for the City to buy the property, he added.
But for DILG Undersecretary Marius Corpus, the issue would be best resolved in court.
Cebu City Vice Mayor Michael Rama said that as a legal option, the City may file a writ of preliminary mandatory injunction for the reopening of the road, with the intention of acquiring the property through expropriation proceedings.
But for Councilor Hilario Davide III, the best way to resolve the issue is for City Hall to persuade Capitol to reopen the road, so as not to deprive the public of access to the area.
“If it’s a public road, regardless of who owns it, if it is for public use, it should be opened. It can’t be closed without due process,” Davide said in a phone interview.
Support
Support for the Province’s value-for-value proposal on the land swap has also risen, with Alcantara and Aloguinsan towns yesterday passing resolutions for it.
A similar resolution didn’t get unanimous support from the Mandaue City Council, though.
In yesterday’s regular session, three councilors abstained from voting in favor of the resolution sponsored by Councilor Wenceslao Gakit, who described Capitol’s proposal as “fair, reasonable and advantageous.”
Councilors Jonas Cortes, Glenn Bercede and Elmer Cabahug said they don’t want to interfere in the issue. Cortes is running for mayor with Bercede as his candidate for vice mayor. Cabahug is seeking reelection as an independent candidate.
Vice Mayor Amadeo Seno Jr., for his part, called on the Cebu City and Cebu Provincial Governments to “come to terms for the sake of the constituents.”
As the tension escalates, the Province is not worried about threats against its development projects.
“We’re not in a hurry. In five, 10, 15, 20 or 50 years the lots will still be ours.
If no development will come in because of that threat, we can wait. We have P2 billion surplus and zero debt. We’re not cash-strapped unlike other LGUs (local government units) so we can afford to wait. But can the City of Cebu really afford to forego real estate taxes, business taxes and millions of employment? It’s not really a secret that it needs P1 million a day to pay for the interests of its loans,” said Pablo John, who spoke in behalf of the governor.
Womanhood
He also cited the Local Government Code and Supreme Court rulings stating that the issuance of permits is ministerial if requirements are complied with, and the Province will take the legal recourse if necessary.
In his news conference yesterday, Osmeña said he’s not looking for ways to escalate the already complicated lot swap issue.
He is also not closing his doors to a negotiation with the Province and will even welcome Cebu Archbishop Ricardo Cardinal Vidal’s plan to mediate between City Hall and Capitol.
“I’m just putting my foot down in protecting the occupants because they have nowhere else to go. And I’m not accustomed to fighting a woman. I think that’s my biggest weakness, I don’t know how to fight a woman,” the mayor said.
In separate interviews yesterday, members of the City Council said the Province can close their roads anytime even without the council’s approval, but they should have had the courtesy of informing the public before doing so.
‘Confusing’
It was confirmed yesterday that Philippine Beijing Motors Corp., the company leading the consortium of developers for Ciudad, belongs to the same family behind R2 Builders, whose contract for the F. Ramos Market project Osmeña had cancelled.
Ciudad will be second Cebu City project initiated by the Dino family that Osmeña has blocked.
“I told the occupants that I’m responsible for whatever happens and I’m not going to shy away from that responsibility and I’m going to use everybody within my influence and power because if I can’t save them, I don’t think I deserve to be mayor,” Osmeña said yesterday.
Pablo John Garcia, however, said: “This issue has been so confusing that people tend to forget these are not urban poor in the real sense of the word. They were given the chance to own a prime property at giveaway prices, payable in 15 years, and they blew it. Don’t think anyone should be blamed but themselves,” he said. (With GAC, AAG & KNT)
For Bisaya stories from Cebu. Click here. (February 21, 2007 issue)
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