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Tuesday, July 03, 2007
Capitol sues Cebu City, mayor for Fuente ownership
CEBU CITY -- As Governor Gwendolyn Garcia, together with Capitol department heads, inspected Fuente Osmeña Monday, lawyers of the Provincial Government finally went to court to recover possession of the park.
In a civil suit for quieting of title and recovery of possession, Capitol cited two separate titles, claiming it was issued by the Cebu City Register of Deeds, and asked the court to declare it as “valid, legal and binding against the City of Cebu and Mayor Tomas R. Osmeña and the whole world.”
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Capitol asked the Regional Trial Court to declare the Province as the “legal and rightful owner” of the property, to direct the City Government and the mayor to respect the Province’s rights as owner, and to turn over their possession and control of the property.
The suit, prepared by Acting Provincial Attorney Marino Martinquilla, also said the Province is merely tolerating the City’s long-time administration of the property and maintained that in no instance did it express its consent to such and administration.
But Osmeña, when sought for a reaction, insisted that the City’s grounds for holding on to the park are very strong because of Supreme Court rulings on titled lots neglected by their owners.
“We will answer it in court, no problem,” he said.
Garcia and Capitol officials walked around the Fuente rotunda and checked the fountain, with the governor even talking with policemen that Osmeña deployed there to guard the place after the park’s ownership debate heated up.
“I’m wondering if there are tilapia here. Maayo siguro butangan ni ug isda kay daghan og lumot. Naa say fish pen,” she said referring to the dirty fountain.
She noted that the rotunda was not properly maintained in contrast with the “beautiful landscape” of the Provincial Capitol.
“We will go to court and take our claim, our ownership. I don’t want to reduce this to that kind of melodrama and soap opera. We will proceed prudently but resolutely, legally but firmly,” she said of Capitol’s moves.
Before going to Fuente Osmeña, Garcia also visited Larsian and the Fuente Police Station and assured its chief, Inspector Henry Biñas, that in her effort to recover Province-owned lots, no one will be left without a roof over their heads. The area where the police station stands is also owned by the Province.
Earlier in the day, the governor gathered her employees after the flag-raising ceremony and reminded them that she demands professionalism and efficiency from them in order to deliver the services that the public deserves.
Garcia issued this policy when she first assumed office as governor and told the employees at that time that she did not expect the employees’ love, but was instead demanding professionalism and good work from them.
This time around, she commended employees and department heads who have shown great improvements and lived up to her standards, although she expressed disappointment over those who still continue their old sloppy ways.
“Even after three years of observing me, of working in this institution with Gwen Garcia at the helm, you still mistakenly believe that I never meant business,” she said.
During the assembly, Capitol consultant on security Byron Garcia showed video footage and pictures of employees who were caught violating office rules like eating during working hours, not wearing proper uniforms, not turning off the computers during noon breaks and texting during office hours.
Provincial Legal Officer Marino Martinquilla said memorandums have been sent to the concerned employees ordering them to explain why they should not be sanctioned.
Garcia said the showing of the footage and pictures should be done often.
“You will be the stars of your own movies and you will be appropriately paid with the appropriate memorandum and appropriate investigation because leadership by example is not enough. I have realized since then that you will have to be your own example,” she said.
Among those she also mentioned were the employees she described as “phenomenally disloyal creatures,” who she said stole Capitol documents to be used against her and even openly campaigned against her, a violation of civil service rules.
She told these employees that if they do not trust her and do not agree with how things are being run under administration, they must step aside. (MBG and KNR of Sun.Star Cebu)
For more Philippine news, visit Sun.Star Baguio. (July 3, 2007 issue)
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