Wednesday, August 08, 2007 Cebu City to tie Capitol hands By Linette C. Ramos Sun.Star Staff Reporter
IF the Cebu City Council agrees, not only seven sitios in Barangay Apas but all Province-owned lots under Ordinance 93-1 will be rezoned as socialized housing sites and parks.
The council will take up next Wednesday a proposed ordinance that will rezone some 436,000 square meters of land owned by the Provincial Government in 11 barangays in the city.
Once the lots are rezoned as socialized housing zones, Capitol cannot sell the properties to other parties except to its current occupants. Also, the lots may not be used for purposes other than socialized housing projects, Councilor Gerardo Carillo told Sun.Star Cebu.
Carillo, chairman of the council committee on urban planning, said at least four councilors are drafting the ordinance that will seek to amend the Cebu City Zoning Ordinance. The measure will be presented to the council next week.
“At present, some of the lots are zoned as residential, some are institutional and commercial. If the ordinance is approved, all 93-1 lots will be rezoned to socialized housing zones and Capitol can’t sell it to other buyers and use it for other purposes, except to the ones occupying it,” Carillo said.
Prevention
Other Province-owned lots may also be rezoned to parks, such as the Fuente Osmeña, or institutional zones for government offices.
Most of the properties are in Barangays Lahug, Apas, Busay, Luz, Camputhaw, Capitol Site, Mabolo and Kalunasan.
City officials are pushing for the rezoning to prevent Capitol from evicting occupants of their properties in the city.
But Capitol leaders are hoping that City officials will rethink and review the proposed rezoning carefully.
Capitol consultant Rory Jon Sepulveda said that while rezoning is within the City’s power, it is not absolute and any government action must pass several tests.
“This must be applicable to all concerned and should not only be done because the property belongs to the Provincial Government. It should also pass the test of arbitrariness,” he said.
Sepulveda pointed out that rezoning 93-1 lots as socialized housing areas is like the City legalizing an illegal act.
“We know for a fact that occupying a lot you do not own is illegal. Are they legalizing an illegal act or encouraging it?” Sepulveda added.
Legal remedy
He pointed out that if the Capitol finds out that their moves fail the test of legality, they will take the remedies available under the law and other existing rules.
Sepulveda also said they will participate in the rezoning during a public hearing, which is a requirement, because it is where affected lot owners will be given a chance to speak up.
Gov. Gwendolyn Garcia, for her part, refused to entertain the recent move of the City. “I am too busy doing greater things,” she said.
Carillo said that under the Local Government Code and Republic Act (RA) 7279 or the Urban Development and Housing Act of 1992, the City Council has the power to rezone certain areas in the city as socialized housing sites.
RA 7279 provides that government properties occupied by socialized housing beneficiaries in a locality are given first priority to be declared as socialized housing zones, which the City Council is allowed to pursue.
‘Anti-poor’
In his news conference yesterday, Mayor Tomas Osmeña said he will do everything he can to avoid the eviction of at least 3,000 families who stand to be displaced if the Province recovers its lots in seven sitios in Apas.
“I cannot assure the occupants that they will not get evicted but I certainly am not working to get them out...The conversion of the Apas property for commercial development is not something I will endorse. It will be rezoned appropriately and we will endorse it to the City Council,” he said.
The mayor added that his move should also serve as a notice to private investors, warning them that if they intend to development Provincial properties, “they also have to deal primarily with the City Government.”
Osmeña admits he cannot compel Governor Garcia to prioritize the urban poor occupants of their lots, but he will also not support her “anti-poor” programs.
“I cannot force the governor but she cannot do what she pleases either...It’s very simple. If I have to make a choice between me and the governor getting a headache, it’s better if the governor will have the headache. Because I will definitely have a headache if these people are displaced,” he said.
Council’s move
The rezoning will be effected through two amendatory ordinances, which will be sponsored by Councilors Carillo, Hilario Davide III, Richard Osmeña and Augustus Pe Jr.
One ordinance will seek the rezoning of all Provincial and National Government-owned lots currently occupied by socialized housing beneficiaries to be zoned as socialized housing zones.
The other ordinance will declare some areas as parks and institutional zones.
In a phone interview yesterday, Vice Mayor Michael Rama said everything will still have to be assessed before the council acts on any measure.
The current zoning status of Capitol-owned lots and whether the occupants are qualified to become beneficiaries of socialized housing projects will also have to be looked into.
Negotiation
In their session last night, the Apas Barangay Council was expected to pass a resolution opposing any move for the Capitol to negotiate with the lot occupants, and a resolution supporting the move to rezone all Province-owned lots in the city.
“The governor already said she is open to any negotiation but we are not inclined to negotiate because we cannot agree to have the urban poor communities evicted and relocated to other areas. Right now, they are only moving against Apas residents but this will set a precedent and will eventually affect occupants of other Province-owned lots,” Apas First Councilor Ramil Ayuman said in a phone interview.
In Apas alone, some 1,000 households or families stand to be displaced if Capitol recovers their property. More than 3,000 individuals will be affected. (With MBG)
