Thursday, November 13, 2008 Talisay ‘will go to court’ if Cebu City sells claimed land By Garry Cabotaje Sun.Star Staff Reporter
THE titling of lots in the South Road Properties (SRP) does not mean Talisay City has lost its legal battle or given up on its territorial claims, Rep. Eduardo R. Gullas said yesterday.
The first district congressman, Talisay’s first city mayor, said the titling should not worry Talisaynons because the City has 10 years to file a suit from the issuance of a patent by the Department of Environment and Natural Resources (DENR).
It was during the term of former DENR secretary Michael Defensor when a special patent was issued covering 210.074 hectares of the SRP in 2005.
Despite the patent’s issuance, Talisay City vowed to pursue its claim over 53.44 hectares, saying the reclamation project encroached on the former coastal town’s territory.
Gullas said that Talisay City is expected to take legal action should Cebu City try to dispose of the 53.44 hectares Talisay is claiming as its own. The area represents about 17 percent of the SRP’s total span.
Once the suit is filed, Gullas said that Talisay City can offer evidence in court that the SRP development has indeed intruded into Talisay’s territory.
“I appreciate the gesture of Cebu City that they did not include for sale the area that is being claimed by Talisay,” he said.
Gullas considered this as evidence that Cebu City has “acknowledged our claim, in the same manner as the DOJ (Department of Justice) and DENR have recognized Talisay City’s contention.”
In the meantime, he prefers that Talisay City not file a complaint, as this may burden the fledgling city with amortization payments for the reclaimed property.
Gullas said he also relies on Talisay City Hall’s vigilance in watching developments at SRP, especially the disposal of the reclaimed property.
The veteran Cebuano legislator was Talisay mayor when he announced that part of the city’s territory, especially the area between municipal boundary monuments 29 and 30, were included in the SRP.
In a land survey, Talisay City found out that three private landowners have consistently paid real estate taxes to Talisay for their foreshore lots that are now part of the SRP.
Talisay’s claim has so angered Cebu City Mayor Tomas Osmeña that he shooed away Talisay fish vendors from Cebu City’s markets and fired casual workers at City Hall who come from Talisay.
But during the 5th Charter Day of Talisay in 2006, Gullas urged “true-blooded Talisaynons” to stand up for their rights.
“If I’m going to be crucified, insulted or vilified, I do not mind that. That is a cross that I must be willing to bear,” Gullas had said in his speech, after being labeled a “land-grabber” for his city’s claim on the SRP. (GC)
