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Friday, April 29, 2005
Title can be issued to Cebu City: justice chief
By Gingging A. Campaña
With Rene H. Martel
CEBU CITY -- Malacañang can issue a proclamation recognizing that the Cebu City Government owns the South Reclamation Project (SRP), the Department of Justice (DOJ) said.
But this will not stop Talisay City from going to court and pursuing its claim over 53.44 hectares of the property, said Justice Secretary Raul Gonzalez Thursday.
Gonzalez told Sun.Star Cebu he "could not determine which portion of the 295-hectare project belongs to Talisay City, as well as its taxing powers over its territorial jurisdiction."
Instead, he quoted a Local Government Code provision that states the boundary dispute will have to be jointly referred for settlement to the councils of the two cities.
Talisay City Mayor Socrates Fernandez, in a telephone interview Thursday night, said the city will go to court to push their claim, as they can't expect both councils to decide objectively.
"Both councils will say the property belongs to their respective cities. Adto na lang mi sa korte (We will go to court)," he said.
The DOJ's opinion does not end the dispute outright, but it may ease some of the pressure off Cebu City, which has to bear a P6.4-billion SRP debt that earns up to P1.5 million a day in interests.
Ownership
While the boundary dispute is pending, Gonzalez said "the status of the SRP prior to the dispute shall be maintained and continued for all legal purposes."
Going by a previous Supreme Court ruling, this means "the person who has first acquired possession should remain in possession pending this decision," the justice secretary added.
The DOJ faxed copies of Gonzalez's opinion Thursday to the City Governments of Talisay and Cebu. The actual documents will be sent by mail.
Gonzalez refused to give Sun.Star Cebu a copy but, in a phone interview, said that "basically my opinion is favorable to Cebu City, as it owns the SRP while a status quo must be maintained."
"However, I could not determine which portion belongs to Talisay City as it is the Sangguniang Panglungsod (City Council) of Talisay that should determine jurisdiction. If they will not be convinced of the City Council's decision, they can appeal this in court. That's the process to be followed," he said.
Tax powers
Gonzalez's opinion, issued April 27 to Executive Secretary Eduardo Ermita, will help Malacañang decide whether it should acknowledge Cebu City as the SRP's owner.
Once Malacañang orders it to do so, the Department of Environment and Natural Resources can issue a special patent for the property to the Cebu City Government.
Malacañang had asked whether Talisay City can demand real estate taxes for "the disputed areas straddling its territory" even before its claim is settled.
That's up to the Department of Finance to decide, Gonzalez said. But he also added: "It is clear that the City Government cannot yet exercise the power to impose real estate taxes in the disputed areas" until the court says the property does fall within Talisay's jurisdiction.
The boundary dispute, on the other hand, is for the Department of Interior and Local Government to comment on.
Joint session
Gonzalez, however, called Malacañang's attention to Sections 118 and 119 of the Local Government Code.
Section 118 states boundary disputes ought to be settled amicably, as much as possible. When the dispute is between a component city and a highly urbanized one, the dispute shall be jointly referred to their city councils for settlement, within 60 days.
Both parties cannot go to court unless they can show they first referred the dispute to either or both city councils, for amicable settlement, said Eleuterio Dumogho, head of the local government and political affairs unit at the office of Senator Aquilino Pimentel Jr.
Pimentel was principal author of the Local Government Code of 1991.
The code's implementing rules call on both councils in a boundary dispute to handle the matter in a joint session, Dumogho said in a phone interview.
Jurisdiction
Even before Gonzalez's opinion was known, however, Talisay City Councilor Allan Bucao said Cebu City is the rightful owner of the SRP.
Bucao, who was Talisay City administrator when Rep. Eduardo Gullas (Cebu, 1st district) was mayor from 2001 to 2004, told Sun.Star he believes Cebu City should be declared the rightful owner of SRP.
It was Cebu City, not Talisay, that the Public Estates Authority (PEA) granted authority to reclaim the sea, he pointed out.
But, Bucao added, it is an acknowledged fact that the SRP encroached on Talisay's jurisdiction, whether it be two hectares or 53.44 hectares.
He said Cebu City should be at liberty to use the disputed portions, but real property and business taxes should go to Talisay, because it has jurisdiction over the area.
During their session Thursday, Councilor Arturo Bas said they must take a collective stand and criticize Cebu City's plans of questioning Talisay's cityhood.
Vice Mayor Aberdovey Belleza, however, appealed for sobriety, saying the committee on laws should study the prospect before they make such a move. (GAC/With RHM)
(April 29, 2005 issue)
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