GOV. Gwendolyn Garcia has called out the Cebu City Government for disrespecting and ignoring the territorial jurisdiction of the Cebu Port Authority (CPA) stipulated under Republic Act (RA) 7621 that created the port authority in 1992.
In a press conference at the Provincial Capitol on Monday, April 8, 2024, Garcia said this was the first time that a local government unit (LGU), particularly the chief executive, had done so.
She said no LGU, and not even Cebu City’s Office of the Building Official (OBO), had ever questioned CPA’s territorial jurisdiction over all baseports in Cebu and asked for building permits.
She said she was shocked when the CPA told her that this was not the first incident that City Hall had instigated against the port authority.
In the same press conference, CPA general manager Francisco Comendador III said personnel of the Cebu City Government “forcefully” intruded on CPA premises and fenced the area, temporarily stopping its ongoing wharf extension project at the back of the National Museum of the Philippines Cebu and across the Compania Maritime last April 1.
The governor said she spoke to Department of Transportation Secretary Jaime Bautista, who has jurisdiction over the CPA, about the incident and informed him of the Province’s stand on the matter.
“If nobody stands up and says, ‘enough is enough,’ then this will go on because this act has been on going and each time will go bolder and more aggressive. The Office of the Mayor has proceeded with impunity because no one has spoken up,” Garcia said.
Capitol’s legal consultant Rory Jon Sepulveda said Section 6 of RA 7621 clearly defines the territorial jurisdiction of the CPA that includes the baseport within the navigational waters of the province.
Sections 7 and 9 (a) and (f) also authorize the CPA to implement developments within its territorial jurisdiction that will improve the port authority’s services.
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Sepulveda said the Provincial Government intervened to protect the image of Cebu, as the rift between the two parties is hurting the public’s perception of CPA, and might disrupt multimillion-peso economic activities that include the export and import of cargo to and from other domestic and international ports.
Due to this, Garcia called upon the City Government to uphold the law and recognize CPA’s authority and jurisdiction over the Cebu baseport.
Meanwhile, the CPA warned of legal action against some officials of the Cebu City Government following the latter’s forceful entry and fencing operation on port premises last April 1.
Comendador said the CPA is yet to determine what cases to file against some City Hall officials, subject to the deliberation of the Cebu Port Commission, the governing body of the port authority.
The target of the upcoming lawsuit will be those officials who partook in and who were behind the April 1 incident, he said.
The “intrusion” was spearheaded by the OBO; Prevention, Restoration, Order, Beautification and Enhancement team; City Risk Reduction and Management Office; City Legal Office, and the city administrator.
He said the port extension project secured all requirements in terms of procurement, adding that it falls within the Cebu baseport, which is part of the CPA’s jurisdiction.
Hence, he said they have the authority to implement developments and improvements and condemn the recent action of City Hall.
Last Friday, April 5, the CPA resumed civil works on the New Reinforced Concrete Deck Port Facility (Phase 1) at Berths 31-33 after it removed the fence railings last Wednesday, April 3.
The City Government argued it enforced a cease and desist order against the ongoing project as it has not secured the necessary permits, such as building permits from the OBO, which is required by the National Building Code.
However, the CPA insisted that the City Government has no jurisdiction over the port authority under its charter and existing laws, hence it did not need to secure a permit or ask the permission of the OBO. / EHP