Thursday, October 18, 2007 Tomas leans on Council to strip bry. of big taxpayers; political vendetta: Mary Ann de los Santos By Rene H. Martel Sun.Star Staff Reporter
MAYOR Tomas Osmeña asked the Cebu City Council to approve an ordinance “declaring the proper delineation of boundaries between Barangay Luz and Lahug,” in a move that could strip the barangay of some of its largest taxpayers.
Lahug Barangay Captain Mary Ann de los Santos is already crying foul, saying the request smacks of a political vendetta.
The mayor, as recommended by the City Planning and Development Office (CPDO), favored Barangay Luz in its request to declare within its jurisdiction the Waterfront Cebu City Hotel and Casino and the Grand Convention Center, among other establishments.
In the barangay maps posted in the City Government’s website, these two establishments fall within Lahug.
The same is true for the Marco Polo Plaza Hotel in Nivel Hills, the Asiatown IT Park and Parklane Hotel.
However, Barangay Busay wants to claim Marco Polo, while Apas believes it should have Asiatown IT Park’s taxes, and Camputhaw insists Parklane falls within its territory.
Although the mayor only endorsed Luz’s request, the CPDO’s recommendation virtually favored all those barangays with which Lahug has a boundary conflict.
Turf war
The CPDO placed Parklane Hotel under Camputhaw, Asiatown IT Park under Apas, and Marco Polo Plaza Hotel under Busay.
De los Santos questioned the manner with which the CPDO came up with its recommendation.
The CPDO rejected the traditional way of setting boundaries by using Archbishop Reyes Ave. as boundary line, saying Grand Convention and Waterfront is closer to Luz’s barangay hall.
It also gave weight to Luz’s collecting garbage and keeping the peace in the area.
“Considering the proximity of the lots adjacent to Archbishop Reyes Ave. to Barangay Luz, it is hereby recommended that the boundary between Lahug and Barangay Luz be set along an alignment more or less parallel to the Archbishop Reyes Ave.”
However, it used Salinas Drive as the boundary between Lahug and Apas, so that the IT Park falls within Apas’ territory.
Claims
In a 2004 resolution, Luz officials had argued that the area where Waterfront is “used to be part of Sitio Wakwak of the barangay.”
And in a May 2, 2006 letter to the City Council, they added that the lot where Grand Convention is was part of Sitio San Vicente, where entertainment and sports activities were held.
Luz officials lamented why the council has not acted on their request, causing “confusion and weariness on the affected individuals and establishments.”
But de los Santos said she will go to court to protect Lahug’s territory.
She said that the CPDO has never consulted her or any of Lahug’s other officials before coming up with its recommendations.
She said it could be because she has long refused to kowtow to Osmeña, and accused the CPDO of being run by the mayor’s minions.
“As Lahug barangay captain, you cannot expect me to respect that recommendation. I will seek help from somebody who is not biased, who is reliable. I will go to the courts if that is the last option,” she told Sun.Star Cebu in a telephone interview.
Own site
She said Lahug’s claim is based on the original 1965 Cebu City map, on which the CPDO based the barangay’s boundaries as posted in the City Hall website (www.cebucity. gov.ph).
De los Santos used to be an independent politician until she ran for the opposition and challenged Osmeña in the mayoral elections last May 14.
Although she lost by some 100,000 votes in the city, she defeated Osmeña in her barangay.
After the elections, they again tangled after Osmeña stopped the construction of a P15-million school building over what de los Santos said during the campaign period.
The mayor, though, reconsidered after de los Santos managed to raise at least P5 million in an effort to save the school building project.
The barangay captain yesterday said that the mayor is still bent on getting back at her.
“Instead of persecuting me, CPDO Chief Paul Villarete and the mayor should devise ways to entice locators for the South Road Properties, so that the Cebuanos will stop suffering from the debt incurred in building it,” de los Santos said in Cebuano.
What’s next?
Several Cebu city barangays have fought over boundaries because of the share in taxes that establishments pay to the City.
Conflicts were referred for decision to the City Council, which routinely referred them to the CPDO.
Section 118 (a) of the Local Government Code of 1991 states that “boundary disputes involving two or more barangays in the same city or municipality shall be referred for settlement to the Sangguniang Panlungsod or Sangguniang Bayan concerned.”
When no settlement is reached within 60 days from when the dispute was referred, the council shall formally hear the case and decide on it within 60 days.
Under Section 119, “any party may elevate the decision of the sanggunian concerned to the Regional Trial Court having jurisdiction over the area in dispute.”
“The Regional Trial Court shall decide the appeal within one year from the filing thereof,” the code states.
The council referred the mayor’s letter to the committee of three, which in this case will be composed of south district councilors who will study it and make recommendations. (RHM)
