Wednesday, June 13, 2007 Can’t do, violates Constitution: PJ on annex proposal
THE Capitol “would have relished” Cebu City’s becoming part of the province, said Congressman-elect Pablo John Garcia, but this would be against the Constitution.
“Sadly, under the Constitution, highly urbanized cities are independent of the province. We could not do that by law,” said Garcia, in response to the statement of Cebu City Mayor Tomas Osmeña that he would like to see if the governor is sincere about her “one Cebu” advocacy.
“My wish unta is, before he makes any more moves or statements, he consults a lawyer. Not just any lawyer but a good one. I would like to remind him that we still have a Constitution and no one is above it, not even Mayor Tomas Osmeña,” added Garcia, the younger brother of Cebu Gov. Gwendolyn Garcia.
The newly elected congressman further stated that Osmeña can transfer to Talisay City after his last term in Cebu City if he really wants to vote against the governor.
Osmeña’s statements about amending the Cebu City charter came after a challenge posed to the Capitol to fight in court for the ownership of Fuente Osmeña.
But Garcia said the Capitol does not need to go to court to enter the park or exercise ownership over it.
“We have the title and under the property registry system, a title is a conclusive proof of ownership. So he can go to court if he wants but the Province does not have to. As owner, the Province has the right to enter and exercise ownership over the property and to use it. It’s in the Civil Code,” he said.
He added that if Osmeña questions the title, then it is the City that must go to court to disprove the Capitol’s title.
Until the court declares that the City is the owner of the park and the Capitol has no right over it, then the Province, “by virtue of the title,” will exercise its ownership “including possession of the property.”
Why now
If Osmeña also sees no hope in mediation by Cebu Archbishop Ricardo Cardinal Vidal, Garcia said, then the Capitol will just move on as “we don’t really need the mediation for the Province to be able to do its duties and responsibilities” to its constituents.
When asked why the Capitol is getting back Fuente Osmena now that Governor Garcia and Mayor Osmeña are at odds with each other, Congressman-elec Pablo Garcia (Cebu, 2nd district) said: “If not now, when?”
Speaking at the 888 News Forum, the former Cebu governor emphasized there are no plans to rename the rotunda as Fuente Garcia.
“Dili kami pareho sa uban nga ibandera ang ilang bansagon (We are not like some people who want to advertise their family names),” the elder Garcia said.
While the Cebu City Government is financially hard up because of its piling debts, he added, the Cebu Provincial Government is awash with more than enough cash to restore the park.
Under the Capitol’s supervision, Fuente Osmeña will become a beautiful place, befitting “the greatness and glory of the man (Don Sergio Osmeña Sr.) after whom the place was named,” the former governor added. (JPM/With EOB)
