Wednesday, June 04, 2008 Donation stops lawsuit plan By Linette C. Ramos Sun.Star Staff Reporter
ACCEPTING the Adarna family’s offer to donate a road to the Cebu City Government will not only ensure public safety and order in Barangay Mabini. It will also save the City from a long legal battle, the mayor said.
Mayor Tomas Osmeña said yesterday he prefers to drop the court cases the City was planning to file against the Adarnas in exchange for the road right-of-way the Adarnas plan to donate.
Also, the City will no longer be collecting the P4 to P5 million payment for the damages caused by the development in the property of the Adarnas in Sitio Luton in Mabini.
For the mayor, an access road that will enable residents to pass and transport their produce faster is more important than collecting the money several years later, or only when the court resolves the case.
“Yes, we accepted the offer because a court case takes too long and in the meantime, we’ll continue to put people at risk because we will not be able to provide services there since we don’t have a road,” Osmeña told a news conference.
The road traverses the property of businessman Teodorico Adarna Sr., a certain Roy Seno and other property owners in the hills of Luton.
“The road is not owned by the City, it’s in their property, so it’s even highly questionable why the City Government opened a road there. Donating the road to the City cures a legal defect on our part. A legal battle is lengthy and people can’t wait for things to be resolved,” the mayor explained.
City Hall opened and developed the road 10 years ago during the time of former mayor Alvin Garcia to give Sitio Luton residents direct access to the barangay’s main road.
Teodorico Adarna Jr., the son of the lot owner, discussed their offer with the mayor during a meeting at City Hall last Monday afternoon.
He said, though, that he still has to discuss the offer with his father to finalize the size of the road right-of-way to be donated and other terms of the agreement with the City.
The Adarnas drew the ire of the mayor after they developed and opened a road in their 32-hectare property without building, fencing and development permits from the City.
Earth-moving activities in the area caused a landslide there two weeks ago, when large rocks and soil slid downhill, covering the barangay’s asphalted main road.
The Adarnas are also in conflict with the barangay officials, who were reportedly prevented from using the road after the Adarnas learned that the officials sided with the Senos in their land dispute.
Osmeña said that unless a major disturbance occurs in Mabini as a result of the row, he will not have the barangay officials investigated.
“I’ve got so many things to worry about as it is. Otherwise, I’ll fight this out in court. It really doesn’t matter, we’re getting the land anyway... The important thing is we have access there now and we have come up with a satisfactory solution,” the mayor added. (LCR Paments
