Thursday, June 14, 2007 Can’t be done: BO-PK lawyers
A CEBU City congressman yesterday admitted that unless the Constitution is changed, Cebu City cannot be under the Cebu Provincial Government.
Rep. Antonio Cuenco (Cebu City, south district) said that right now, it is “the opinion of BO-PK (Bando Osmeña-Pundok Kauswagan) lawyers” that they cannot pursue Mayor Tomas Osmeña’s wish for Cebu City residents to be able to vote again for provincial officials, as they will “collide” with the Constitution.
“Kinahanglan gyud amendahon ang (There is a need to amend the) Constitution if we are to achieve this objective…
Padayunon ni nato (We can proceed with it) if the Constitution is changed,” Cuenco said over radio dyLA.
Pablo John Garcia, congressman-elect of Cebu’s third district and brother of Gov. Gwendolyn Gar-cia, cited Article 10, Section 12 of the Constitution, which states that highly urbanized cities are independent of the province.
It states that “cities that are highly urbanized as determined by law and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province.”
Excluded
The paragraph further says that “voters of component cities within a province, whose charter contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.”
Garcia said it is wrong for Osmeña to liken Cebu City with Mandaue City, since Mandaue became highly urbanized “after the ratification of the Constitution and before the effectivity of the Local Government Code.”
He cited Section 452, paragraph c of the code, which states, “Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial officials.”
The provision further states: “Qualified voters of cities who acquired the right to vote for elective provincial officials prior to the classification of said cities as highly urbanized after the ratification of the Constitution and before the effectivity of this code, shall continue to exercise such right.”
Osmeña reportedly met yesterday with Cuenco, Rep. Raul del Mar, BO-PK lawyers and councilors.
‘Doubtful’
They also discussed the Capitol’s claim over Fuente Osmeña, and Cuenco said Cebu City will “not budge an inch” over the issue.
“They will have to get a court order for them to take over. Their claim is doubtful,” said Cuenco, saying that City lawyers did some research and concluded that the Province lost ownership of Fuente Osmeña.
“They’re guilty of latches. They slept on their rights. They did not claim ownership when they should have. Wa man sila mulihok. (They did not act on it) There’s a legal maxim on abandonment,” said Cuenco.
Garcia, however, disagreed with BO-PK’s opinion that Capitol’s abandonment of Fuente had a 20-year prescription period.
“Again, Tommy Osmeña should have consulted a lawyer before making that statement,” Garcia said. “It is basic that prescription does not run against registered land. One of the basic principles of our Torrens system of land registration is that a title is imprescriptible.”
Review
For his part, Cebu City Vice Mayor Michael Rama said “something illegal” might have been done so that Cebu City residents could no longer vote for the Cebu governor and other provincial officials.
He wants events that transpired after his uncle Osmundo Rama became governor reviewed.
Rama said that when his uncle ran in 1976, Osmundo lost in the overall tally in the province, but became governor because of the Cebu City vote.
“I wish to look into it. There might be some illegal actions…because the charter before allowed us to vote for the governor,” he said.
Rama said he wanted that right restored.
“I cannot remember how it became that way (that Cebu City residents could not choose the Cebu governor). I don’t want to belabor on the need to amend the charter. But I wish that right would be restored,” the vice mayor said.
His grandfather, Vicente Rama, drafted Cebu City’s charter, which was signed into law by then president Manuel L. Quezon on Oct. 20, 1936.
Then National Assembly member Vicente Rama stood his ground and defended House Bill 1428 against other Cebuano lawmakers opposed to making the Cebu municipality a city.
Vice Mayor Rama, though, said that like neighboring Mandaue, Cebu City should keep its independence.
Mandaue residents get to choose the Cebu governor, but City Council-approved measures no longer have to pass through the Provincial Board.
“Wala ta mangayo. We are really just restoring what was ours,” the vice mayor added. (JPM/With RHM)
