Tuesday, March 25, 2008 Capitol warns trader on development of zoo
IF A businessman proceeds with his proposal to develop the Cebu City Zoo, the Capitol will be compelled to sue him and the City Government.
Lawyer Marino Martinquilla, chief of the Provincial Legal Office, yesterday sent a letter to developer Robert Yupangco to inform him that the Provincial Government is the lawful owner of the seven-hectare lot where the zoo is situated.
Martinquilla reminded Yupangco that “no development could be undertaken without the knowledge, consent and direct participation of the Province of Cebu.”
He also warned the developer not to proceed with his intention to develop the facility “in partnership” with Mayor Tomas Osmeña.
Otherwise, the Province will seek legal remedy “to protect its interest.”
Warning
The warning came after Osmeña dared Capitol officials to file charges against him over the property in Barangay Kalunasan.
Osmeña had announced that he renewed talks with Yupangco, who expressed interest to provide animals and facilities and operate the zoo for a fee.
Yupangco owns a chain of establishments that sells Yamaha musical instruments, and is also a co-owner of the Zoobic Safari in Subic, Olongapo.
In February last year, the council passed a resolution authorizing the mayor to return the property to the Capitol since the City could no longer maintain the zoo due to financial constraints.
Turnover
Osmeña and other City Hall officials already agreed with Gov. Gwen Garcia on the turnover of the lot when relations between the two leaders were still cordial.
After the two had a falling out over the failed land swap deal, Osmeña said he was looking at other possibilities for the zoo, and that he wants to do what’s best for residents of the city.
Yupangco had proposed that instead of just pigeons and monkeys, the facility in Kalunasan will eventually be home to 40 tigers, several lions, giraffes, bears, orangutans and other wild animals.
On Sept. 18, 1969, the Capitol donated lot 1298 to the Boy Scouts of the Philippines (BSP) for campsites in Kalunasan.
Seven hectares, specifically a gully in the area, were excluded from the BSP’s use because the parcel was set aside for the zoo, which was at Fort San Pedro that time.
In his letter to Yupangco, Martinquilla explained that lot 1298, being occupied by the Cebu City Zoo, and the adjacent lot 1303, which is about 3,160-square-meter, were donated by the Province through a deed of donation signed by then Cebu governor Rene Espina in 1969.
Excluded
But lot 1298 was excluded from the deed of donation for the use, operation and maintenance of the zoo.
“Said facts clearly show that the subject portion of lot 1298, now occupied by the Cebu City Zoo, is still owned by the Province of Cebu,” the letter stated.
Martinquilla clarified that, contrary to the claim of the mayor, there was no donation that covered the property. (GMD)
