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Thursday, May 04, 2006
No meddling by mayor once council trial begins
CEBU CITY -- Only the local council has jurisdiction in settling barangay boundary disputes, but that does not stop the mayor from exerting influence.
Department of Interior and Local Government (DILG) 7 Director Rene Burdeos, sought for his comment, said the mayor can pressure the council when it tries to resolve clashes over barangay boundaries.
Being the chief executive who has supervision powers over the barangays, the mayor can express himself before the council and let his opinions be considered.
Burdeos said it would depend on the City Council’s internal rules how it should patch up differences but the mayor has the right to be heard also.
He emphasized that is the case during the amicable settlement stage. But when no settlement is reached, the council has to convene itself into a trial body that will hear the dispute, and the mayor should back off.
During the formal hearing, the contending barangays are given the opportunity to present evidence.
Burdeos said he is not merely referring to Cebu City Mayor Tomas Osmeña when he said a mayor could exert his influence in settling such issue but to all chief executives of local government units.
Butter
The quarrel between Barangay Lahug and Apas to which has jurisdiction over Nivel Hills was revived recently with the opening of Marco Polo Plaza Hotel.
Osmeña initially said the area will be made part of Apas and that he will make representations to the council to that effect.
But last Tuesday, he said Nivel Hills will go to Busay, arguing that as the mayor, he was merely “spreading the butter” or distributing equitably resources to barangays.
Barangays quarrel over boundaries, not necessarily because of territorial integrity, but because each receives a 30-percent share of real property taxes paid by establishments within their jurisdiction to the City.
In an interview Wednesday, Busay Barangay Captain Eliodoro Sanchez said the mayor’s move will also end the confusion of more than 100 families in Nivel Hills who are wondering what barangay they reside in.
“Some have registered in Lahug, others in Apas and Busay,” he said.
He promised Busay will help Marco Polo in terms of security, garbage collection and delivery of other services if indeed it will be placed under his barangay’s jurisdiction.
He said hotel guests who jog each morning always run up to Busay and not go down to Lahug. He kidded that he could help them by keeping the dogs at bay.
He admitted it will also be a great help for Busay, especially that its income is meager compared with Lahug’s P10-million annual income, Apas’ P9 million and Luz’s P6 million to P7 million.
Busay’s 2005 annual income was just P2.6 million, he added.
In terms of proximity, Busay is also much closer to Marco Polo than either Lahug or Apas.
An opposition official, who requested anonymity, also criticized the mayor for doing what he called a “disservice” to the people of Lahug by systematically stripping it of jurisdiction over key areas.
The mayor earlier said he will give the Asiatown IT Park area to Apas, the Waterfront Hotel and Casino and Grand Convention Center area to Luz, and the Park Lane Hotel area to Camputhaw.
Lahug is claiming those areas are inside its jurisdiction based on a 1967 Cebu City map.
City Planning Officer Paul Villarete, in an earlier interview with Sun.Star Cebu, promised he will submit his recommendations to the City Council within the week.
The City council has referred all resolutions that concern barangay boundary disputes to Villarete’s office. (RHM of Sun.Star Cebu)
(May 4, 2006 issue)
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