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Thursday, February 22, 2007
Will mediation on Tomas-Gwen fight work?
By Linette C. Ramos & Jeanette P. Malinao

CEBU CITY -- The lot swap deal with the Cebu City Government may be off, going by Gov. Gwendolyn Garcia's pronouncement Wednesday that the Cebu Provincial Government can negotiate directly with the lot occupants.

"We can deal with the occupants without need of a middle agent. We will deal with them on a piecemeal basis," Garcia told reporters, after days of being silent on the issue.

Arroyo Watch: Sun.Star blog on President Arroyo

While they don't want to upset the governor further, some occupants of provincial lots are planning to take legal action against the Capitol if the lot swap proposal does not push through.

And Cebu City Hall may opt to sell the four-hectare North Reclamation Area property it offered the Capitol and use the proceeds for a legal defense fund, if some 4,200 families occupying provincial lots are evicted.

Provincial Board Member Juan Bolo admitted Wednesday that Vice Gov. Gregorio Sanchez initiated a meeting last Tuesday with some Cebu City officials in the hope of bringing Garcia and Cebu City Mayor Tomas Osmeña together at one table.

But Bolo said, "Wa ma'y nahimo (Nothing was done)."

Bolo said it may be best for Cebu Archbishop Ricardo Cardinal Vidal to mediate, but on this, Governor Garcia said: "I believe (the Cardinal) has been apprised of the issues. I thank him for his gesture but the issues have become very clear. It doesn't help any to make more pronouncements, so let it be."

Dimmed

Cebu City Administrator Francisco Fernandez and Councilor Augustus Pe Jr. were silent on the meeting's outcome.

So far, occupants of Capitol-owned lots in Cebu City have benefited from the conflict: the Province is now willing to negotiate with them, while the City has offered to help them with legal bills should they get evicted.

But how soon can relations between Cebu City and Province officials be mended?

Given the Capitol's willingness to negotiate directly with land occupants, Provincial Board (PB) Member Victor Maambong said Wednesday the "light has dimmed" for the lot swap deal.

Mayor Osmeña had asked the Province that the City Government assume ownership of the 53 hectares affected by Ordinance 93-1 and be the one to collect payments from delinquent occupants.

In exchange, Cebu City would give the Province some four hectares at the North Reclamation Area, under the original proposal.

But Capitol consultant Pablo John Garcia said the Cebu City resolution suspending any development in Banilad has "made it difficult" for Osmeña and the governor to go back to the negotiating table.

The possibility that the Capitol will take care of the relocation of the occupants is what's shaping up, said Pablo John: "If Mayor Tommy's real concern is the welfare of the 5,000 families, then the Capitol can help take care of them. Kon mao ra gyud na ang rason (If that is indeed the only reason)."

Defensive

The sale of the P400-million property is one of the "defensive moves" and the contingency plans of the City if Governor Garcia decides not to push through with the lot swap, Cebu City Mayor Tomas Osmeña said Wednesday.

Using the proceeds of the sale to buy a relocation site for the affected families will not be an option, the mayor said, since the amount will not be enough to buy a property for all 4,200 families.

Luz Barangay Councilor Nida Cabrera said that three years after some occupants have paid for their lots in full, Governor Garcia still refuses to sign their deeds of sale and the titles of their lots.

Cabrera, a beneficiary of Provincial Ordinance 93-1, said some of the residents fear they will be included in the eviction because three years after paying for their lots, they still do not have the documents proving their ownership of the property.

"Sa nahitabo karon, nagconsider na sad mi ug legal actions against Governor Gwen kay ang mga tawo diri, pila na ka gabii walay tulog tungod sa iyang hulga na eviction (We are considering legal action against Governor Gwen because for so many nights now, we have lost sleep since she threatened to evict us)," Cabrera said.

Relocation

Of the more than 2,000 beneficiaries in Barangay Luz, some 270 occupants have reportedly paid in full but don't have their lot titles and deeds of sale yet.

Some 640 families have their lots under the community mortgage program, while 800 others have not paid in full or have not paid at all yet.

The beneficiaries are also planning to visit the towns and component cities in the Province to explain to town officials why they are fighting for the property, and the trouble they had to go through to gain ownership of the lot.

Although they welcomed Mayor Osmeña's plan to put up a legal fund for all beneficiaries, Cabrera said that for them, the next best option is a relocation site, if the land swap doesn't push through.

"We don't want the City to agree to a value-for-value exchange just to save us. How can the City provide services to other people if it has to pay for the property? But if there's a relocation site, the beneficiaries will even agree to pay for it, for as long as we do not get dislocated," Cabrera added in Cebuano.

Limits

Under the original terms of the lot swap proposal, the City offered to give a 3.6-hectare prime property at the North Reclamation Area in exchange for the Province's 53 hectares spread in 11 barangays in the city.

But Capitol officials dropped the original proposal, after some City officials said they found the deal disadvantageous.

The Capitol is now asking for a value-for-value exchange.

Turning over a portion of the South Road Properties (SRP) to Capitol to increase the value of the City's lot swap package will not be an option.

"That's not feasible because we don't want a hostile tenant at the SRP...We gave her (Garcia) four hectares, we made a deal but she didn't keep her word. That is the problem," Osmeña said.

Osmeña said that like some members of the business sector, he is bothered by the implications of the conflict between Cebu Province and Cebu City on the marketability of Cebu to foreign investors.

"They should be disturbed, I'm disturbed. But if they think this issue will affect the marketability of Cebu, you wait until 5,000 families are evicted. There's going to be chaos all over. Cebu is not going to be marketable. Try to drive the families out and see if you can maintain peace and order," he said.

In his news conference Wednesday, Osmeña also said he will not allow the Capitol to shut down Fuente-Osmeña circle and the roads around it, if the Province is claiming ownership of the lots there.

"I have not looked into that situation but I don't think they own Fuente Osmeña, we have possession of that... Whatever it is, I will not allow a major traffic disruption in Fuente Osmeña. There is a limit to how much we're willing to tolerate," he added. (Sun.Star Cebu)

For more Philippine news, visit Sun.Star Iloilo.

(February 22, 2007 issue)
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