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Tuesday, December 11, 2007
Regional court calls SRP moves legal
CEBU CITY –- Regional Trial Court (RTC) Judge Soliver Peras dismissed the case filed by then Tinago barangay captain Joel Garganera over the South Road Properties (SRP).
In a 13-page order, Peras said the complaint filed by Garganera lacks merit.
“Finding the acts of the City Government of Cebu to be within the limits set forth by law, the need to enjoin the same is no longer necessary,” read the order.
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Garganera earlier asked the court to stop Osmeña, the City Council, the Cebu Investment Promotions Center (CIPC) and the Register of Deeds from marketing, selling, disposing of or leasing the SRP, Osmeña’s brainchild.
He filed a case for prohibition with application for the issuance of a temporary restraining order and a writ of preliminary injunction.
To SC
In an interview Monday, Garganera said he will elevate the case to the Supreme Court (SC).
Peras’s decision, he said, did not surprise him after the court refused to grant his request for a temporary restraining order (TRO).
“It is a question of law so we can go directly to the Supreme Court. We will exhaust all legal options,” the newly elected barangay councilor said.
In filing the petition, Garganera had said he wanted to prevent blatant violations of the law and the Constitution.
If not stopped, Garganera said, the City Government will “open the floodgates of lawsuits arising” from their alleged illegal transactions.
Last May 22, Peras also denied the application for a TRO, saying there is no basis to issue such order.
In his complaint, Garganera explained that the SRP is classified as lands of the public domain, which means that it is owned by the state.
The court, however, said that from the title of the presidential proclamation alone, it can be established that the state is transferring the ownership of the SRP to the City Government and declaring the 240 hectares alienable and disposable.
Peras said the SRP has ceased to become part of the public domain and is now the patrimonial property of Cebu City, which can dispose the property either through lease or sale.
“Being the owner of the property, the Cebu City Government has the prerogative to do whatever is necessary to develop the SRP,” he said.
The judge also did not give credence to the contention of Garganera that the presidential proclamation is void because there was no congressional authority allowing the President to transfer ownership of the land.
The court explained that in order to classify reclaimed lots as alienable and disposable, a law must be passed by Congress or a presidential proclamation issued.
The court also disclosed that the act of the City in leasing two hectares of the SRP to Bigfoot for a period of 25 years is not a violation of the limitation set by the Constitution.
But Peras said that what is being prohibited is the acquisition by private corporations of alienable lands of public domain.
The order also denied the motion for intervention filed by the Association of Barangay Councils (ABC) Cebu Chapter, saying there is no reason for the group to intervene in the matter because it does not own the lot where the ABC building stands. (KNT/With RHM/Sun.Star Cebu)
For more Philippine news, visit Sun.Star Cebu. (December 11, 2007 issue)
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