Thursday, June 21, 2007
Fuente ‘not among 11 lots retained by City’
FUENTE Osmeña Rotunda was not among the lots retained by Cebu City Hall in a compromise agreement in 1974 on Capitol’s move to recover 210 parcels of lots donated to the City.
That, according to Provincial Board Member Juan Bolo, a lawyer and chairman of the committee on provincial properties.
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Bolo said Capitol, during the term of then governor Osmundo Rama, donated more than 210 parcels of land to the Cebu City Government, under then acting mayor Eulogio Borres Sr.
But when former governor Rene Espina assumed his post, he recovered the lots with the help of former governor Pablo Garcia, who served as his lawyer.
The agreement, which was issued as a court order by Judge Alfredo Marigomen on July 15, 1974, stated that all the properties, except 11 lots, would be returned to the Province. The agreement also stipulated that Capitol pay City Hall P1.5 million for considering the return of the lots.
The 11 lots were not returned because, according to the agreement, these “had already been utilized by the City for parks, shrines and roads-right-of-way and other public improvements.”
The 11 lots listed in the agreement were labeled as “OWS-Reservoir, Osmeña Shrine, Park and Playground, Gorordo Avenue, Road to Girls Scouts.”
The agreement, Bolo said, did not include lot numbers 122635 and RT5346 that cover the Fuente Osmeña Rotunda.
“Hungaw pa na sa panghaw (That won’t hold),” Bolo said on the City’s claim that they own Fuente Osmeña. He said they are willing to give City Hall a copy of Marigomen’s decision.
Bolo added that the Province will be reviewing whether the City is using the properties they retained in compliance with the agreement.
If not, then Capitol will also be recovering those lots, he said.
Bolo also said the doctrine of laches, where an entity “that sleeps on its rights is deemed to have abandoned such rights” does not apply to local government units.Capitol officials also said that while it’s true that the City Government has regulatory power over parks and streets within its jurisdiction, this power should not be confused with “proprietary power.”
Provincial lawyer Marino Martinquilla said that regulatory power refers to the power to restrain the use of the property so that it would not be used against law, public policy, order and morals.
Proprietary power means the powers of the owner to use the property and enjoy it, as provided in the Civil Code, subject to the regulatory powers of the government.
Bolo said Capitol has the title of the lots covering Fuente Osmeña Rotunda and its ownership is “incontestable.”
“Maliso pa ang buko sa kawayan nga ang pagpa-nag-iya ana mabalhin ngadto sa siyudad and it is very basic principle nga ang yuta nga titulado, bisan pa 100 ka tuig dili nimo hilabtan, dili na mo-prescribe. Regarding laches, it is common knowledge that it will not apply to local government. It only applies to private individual (It is impossible for ownership of the property to transfer to City Hall),” Bolo said.
Earlier, Cebu City Councilor Edgardo Labella said the compromise agreement, as cited in the Galvez case, stipulated that the lots Capitol took back excluded “those devoted to public use, parks, and streets.”
Martinquilla said that the case is still pending before the Regional Trial Court Branch 10.
He said that after Rama donated the 210 parcels of lots, the City Government started selling the properties.
During Espina’s stint, he was able to get an injunction order, which was served on Aug. 5 and 6 in 1965.
It was decided that those disposed of before the issuance of the injunction will just be considered sold.
Martinquilla said that the question in the Galvez case is whether they were able to buy the property before or after the issuance of the injunction. (MBG)
For Bisaya stories from Cebu. Click here. (June 21, 2007 issue)
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