THE Cebu Port Authority (CPA) can now proceed with its development plans in the Compania Maritima premises after the Regional Trial Court (RTC) Branch 10 in Cebu City affirmed its ownership of the area.
Despite the latest court decision that affects the ongoing Carbon Market redevelopment project, however, Cebu2World Development Inc. (C2W), the subsidiary of Megawide Construction Corp. undertaking the project, believes the Puso Village in the premises cannot be taken down without a final order from the court.
In a 22-page court decision penned by Judge Soliver Peras dated June 5, 2023, the RTC asserted that the Compania Maritima is situated within the baseport of Cebu as defined under Executive Order 448 dated Feb. 5, 1975 which established the custom zone for the port of Cebu.
The RTC has directed the Branch Clerk of Court to issue a final writ of injunction.
The court has declared that the Republic of the Philippines, represented by CPA, is the beneficial owner of the Compania Maritima premises, including the newly reclaimed lands within the territorial jurisdiction of CPA, as it forms part of the port of Cebu.
The court also emphasized that CPA should be able to exercise its functions within the property, subject to both national and local laws, statutes and regulations, “free from any form of harassment from the defendants.”
On Dec. 23, 2022, in a 15-page decision of Peras, the RTC granted the CPA’s application for a writ of preliminary injunction to prohibit the Cebu City Government from occupying any portion of the Compania Maritima.
“Now that the cloud surrounding the ownership of the Compania Maritima Premises has been legally dissipated, the CPA will proceed with the development of the said premises,” said CPA information officer Maryknoll Bolasa in a statement sent to SunStar Cebu Wednesday, June 7.
Bolasa said the CPA can now proceed with its preparation for the construction of modern port facilities.
Bolasa did not provide specifics on the developments set to be established in the area.
C2W deputy general manager Lydwena Eco, in a statement to SunStar Cebu on June 7, said considering that neither Megawide, nor its subsidiary C2W, is part of the case, they will defer to the City Hall on the next legal steps and recourse.
“To my knowledge, however, the decision is not yet final and executory. Given this, I believe that Puso Village cannot be taken down without final and executory order from the court,” said Eco in the statement.
Puso Village is located beside the Compania Maritima building facing the Mactan Channel. Its construction was ongoing as part of the January 2021 joint venture agreement between the Cebu City Government and Megawide, but was abruptly stopped when the writ of preliminary injunction was issued in 2022.
Cebu City Legal Officer Jerone Castillo, meanwhile, refused to give a statement as he was not able to get hold of an official copy of the latest court decision.
Last April 5, the City Government filed a 57-page petition before the Court of Appeals (CA) seeking the reversal of the December 2022 RTC ruling.
Castillo previously said the City decided to elevate its pleadings to the CA after its motion for reconsideration was denied in February this year.
The contested parcel of land is located across Cebu City Hall.
In July 2013, the City Government started claiming ownership of Compania Maritima by acquiring a tax declaration certificate for the property.
On July 7, 2015, the National Government, with CPA as representative, sued City Hall, asking the Regional Trial Court to stop the City Government from exercising acts of ownership over the property, and to declare its tax declaration void.