2016 land swap deal between Province, Cebu City Hall ‘void’

(SunStar file photo)
(SunStar file photo)

PROPERTIES exchanged between the Cebu City Government and Provincial Government through a 2016 land swap deal will be reverted to their original owners.

The move will allow the City Government to focus on helping the nearly 5,000 families occupying 93-1 lots, instead of the tedious paperwork entailing the other properties in the land swap deal.

These were the developments that transpired in the second meeting between officials of the Capitol and City Hall on the land swap deal.

In a news conference after the meeting, Gov. Gwendolyn Garcia said both parties are “moving at a very positive pace.”

“We understand that the City is interested in helping the residents of the 93-1 and the Province agrees that the issue be confined to 93-1. As regards all other properties that were subject of a lot swap or deed of donation, we also agreed that these properties revert to the original owner, both the City and the Province,” Garcia said on Monday, Dec. 16, 2019.

“The City Government is sincere in its wish to give a sense of security to the residents of 93-1 and therefore, we recognize the direction of the City,” she continued.

The governor said intensive discussions on the 93-1 lots and the revocation of the land swap will continue early next year.

“Both local government units will be engaging our respective appraisal committees to reappraise (the 93-1 lots). We have a 2008 reappraisal, but it’s been 11 years already so we will have to conduct another appraisal for an element of fair play,” she said.

Ordinance 93-1, which was passed by the Provincial Board in 1993, allows Cebu City residents to own the Province-owned lots they are occupying after paying in full the amortization on the property in two years.

A 10-year extension was given to 93-1 occupants, but the period lapsed in 2004.

A December 2016 report showed that there were 4,364 home lots covered under Provincial Ordinance 93-1, but only 1,445 had been paid for in full and 1,188 had been partially paid.

A total of 1,731 lots were not paid for at all.

The plight of the lot occupants resulted in a proposed land swap in 2006 between Capitol and City Hall, but talks bogged down.

In August 2016, a month after assuming office, then Cebu City mayor Tomas Osmeña said he would offer a “lucrative” land swap deal with the Provincial Government to solve the problem of the 93-1 lots.

At that time, Osmeña said he had no problem with adding more properties to be exchanged for the 93-1 lots.

In December 2016, Osmeña and then governor, now Vice Gov. Hilario Davide III, signed a memorandum of agreement (MOA) on the land swap deal between the City and the Province.

On Aug. 3, 2018, Osmeña and Davide signed the Deed of Donation and Acceptance.

Based on the MOA, the Province would give the City 32 hectares of lots spread across several barangays, which are occupied mostly by urban poor settlers.

It will also hand over 1.5 hectares in the Department of Agriculture compound on M. Velez St., 2,358 square meters on Gorordo Ave. in Barangay Lahug, and 577 square meters on Don Gil Garcia St. in Barangay Capitol Site.

In exchange, the City offered the Province a 2.5-hectare lot in the South Road Properties (SRP).

It also proposed to turn over to the Province a 3.3-hectare block behind SM City in Barangay Mabolo; a 2.5-hectare botanical garden behind SM Seaside in the SRP; nine hectares in Barangay Pulpogan, Consolacion; the 1.37-hectare lot where the septage treatment plant lot stands; and the 2,476-square-meter lot where the city abattoir stands.

The deal also includes returning to Capitol the City’s possession of and rights to the zoo, a condition set by the Province.

The transfer of the Pulpogan property, though, is still pending before the Regional Trial Court Branch 9.

Garcia said both parties will mutually terminate the 2016 MOA and then enter into a new MOA focusing on the 93-1 lots at the same time. (RTF)

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