RESIDENTS occupying the controversial 93-1 lots have appealed to the Cebu City Government to assert its rights stipulated in the 2018 bilateral agreement between the City and the Provincial Government
This must be done to prevent a massive family displacement and homelessness from happening, according to the 93-1 Movement.
Fear among occupants of lots under the 93-1 deal resurfaced after the Capitol offered occupants of the provincial lot in Barangay Kalunasan, who are members of the Old Philippine Railway Residents Association (Oprra) Inc., the option to pay P11,000 per square meter through a housing loan with the Pag-Ibig Fund. Otherwise, the Capitol will issue a notice to vacate against them, followed by ejectment proceedings.
However, the Oprra is not covered by the 93-1 land swap deal. There are around 5,000 families living in 93-1 lots.
In a letter dated May 22, 2023, addressed to the Cebu City Council and signed by leaders of the 93-1 Movement, the group asked the council to provide a solution to the long-standing issue of the land swap deal.
The leaders of the 93-1 Movement reminded city officials in their letter that the 93-1 land swap deal was a bilateral agreement between the City and the Provincial Government, and the City must assert its rights regarding the legality of the contract . They emphasized that only the court has the jurisdiction to declare the contract null, void, or defective.
“It was a bilateral agreement/contract between the two local government units validly executed and not a unilateral contract that can be by itself be revoked by the party executing through a Provincial Board resolution,” read a portion of the group’s letter.
The signatories of the letter include officials of the 93-1 Movement, such as president Emily Malto, vice president Romeo dela Peña, secretary Eulane Quiros, treasurer Katherine Elpa, auditor Florian Geniston and board of director member Grespiniano Go Dy.
Ordinance 93-1, passed by the Provincial Board in 1993, allowed Cebu City residents to own the provincial lots they were occupying after paying the full amortization on the property within two years. A 10-year extension was granted to 93-1 occupants, but the period lapsed in 2004.
Land swap deal
Efforts for a land swap between Capitol and City Hall were initiated in 2006 to address the plight of the lot occupants, but the talks did not progress.
In August 2018, the City, under the leadership of former mayor Tomas Osmeña, and the Capitol, under then governor now Vice Gov. Hilario Davide III, inked the deal and signed the Deed of Donation and Acceptance for the lots covered by 93-1.
The agreement stipulates that the Province would give Cebu City 32 hectares spread across 11 barangays, occupied mostly by urban poor settlers; 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 at the South Road Properties (SRP); and proposed to turn over a 3.3-hectare block behind SM City Cebu in Barangay Mabolo; a 2.5-hectare botanical garden behind SM Seaside City Cebu at 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 included returning to Capitol the City’s possession of and rights to the zoo.
Voided
However, this deal was later voided after the Commission on Audit found that the two local government units entered into a contract without prior consent from state auditors.
In October 2022, Gov. Gwendolyn Garcia opted to deal directly with the occupants of 93-1 lots to resolve the decades-long issue.
This was further enforced through a Provincial Board (PB) resolution authored by PB Member John Ismael Borgonia and was passed in March this year, revoking the agreement and the deeds of donation entered into by the City and Capitol.
“After thorough perusal of the report made by DWUP (Division for the Welfare of the Urban Poor) and the Provincial Board resolution, it is our firm belief that Cebu City Government had slept on its right to assert the legality of the concluded deal on August 3, 2018,” the 93-1 Movement leaders wrote.
Lack of updates
The leaders of the movement also expressed their dismay at the lack of updates on the renegotiation during Cebu City Mayor Michael Rama’s report to the council on his first 100 days as the elected mayor in 2022.
“We are on the same footing with Oprra and with the resumption that Cebu City Government is aware of what is happening in its backyard. Remember, we are your constituents whole year round not only during election time,” a portion of the letter states.
In response to the letter from the 93-1 Movement, the council decided to have an executive session to discuss updates of the negotiation.
Through a motion by City Councilor Nestor Archival, the council will invite the leaders of the movement, occupants of 93-1 lots, City Administrator Collin Rosell, a representative from the City Legal Office and representatives from the Capitol.
Vice Mayor Raymond Alvin Garcia, in an interview on Sunday, June 11, assured occupants of 93-1 lots that they will not be displaced. He echoed the assurance of the governor that nobody will be displaced as long as they are able to pay for the lots they’re occupying.
Garcia also stated that he respects the decision of the Capitol since those are their lots.
SunStar Cebu tried to get the side of Mayor Rama through Rosell on Sunday, but Rosell refused to be interviewed as he was in an important meeting.