THE Cebu City Government received yesterday the cease-and-desist order that the Talisay City Government issued against the two projects it implemented at the South Road Properties (SRP).
However, the City is firm in its stand that the Talisay City cannot stop Cebu City in pursuing the construction of its P61.57-million warehouse and P39.92- million repair bay.
City Legal Office Chief Jerone Castillo cited Presidential Decree (PD) 1818, which prohibits courts from issuing injunctive writs for government infrastructure projects.
“So by analogy, if the court is not even allowed to issue an injunctive writ while we pursue our government projects, what reason is there for the City of Talisay to be special enough to issue such kind of prohibition, a cease-and-desist and order?” he said in an interview yesterday.
“So with all due respect to Talisay City and its officials, we cannot follow such cease-and-desist order,” he added.
Provisions
Castillo said the provisions of PD 1818 are the same provisions the City invoked when the Mahiga Creek settlers tried to stop the City from clearing the creek’s three-meter easement.
Aside from answering the stoppage order, Castillo belied the claim of Talisay City that the property where the warehouse and the repair bay are being built is under their jurisdiction.
Castillo said the basis of Talisay City in claiming that they still have jurisdiction on the land where the warehouse and repair bay are built is that it used to be municipal water before.
However, Castillo said that municipal waters no longer exist after the area was reclaimed and became part of the 300-hectare SRP.
“The reclaimed areas were issued titles and the titles were in favor of Cebu City, so in other words you cannot just separate jurisdiction from the ownership. Now, Cebu City has the jurisdiction over the property,” he said.
If Talisay City insists on its contention on municipal waters, Castillo said it does not necessarily follow that Talisay City owns it, saying that all public lands, waters and all other resources are owned by the State as provided for under Article II of the Philippine Constitution.
Since the City won’t heed the cease-and-desist order, Castillo said Talisay City will have to resort to judicial proceedings instead.
Castillo said they will submit their official reply to the cease-and-desist order to Talisay City within 15 days.
Talisay’s response
In response, the Talisay City Government will seek the opinion of the court if the Cebu City Government refuses to comply with the cease and desist order.
Talisay City Mayor Johnny de los Reyes told reporters yesterday that while they are open to negotiating with Cebu City on the SRP boundary issue, they will be forced to seek the opinion of the court if their counterpart refuses to stop construction while negotiations are ongoing.
De los Reyes clarified that they are not after the property, but tax obligations of Cebu City as they are constructing within their city’s territorial jurisdiction.
De los Reyes denied allegations that politics is behind their questioning of the ongoing construction of structures on Talisay City’s municipal boundary monument (MBM)
30.
De los Reyes denied that former Cebu City Mayor Tomas Osmena is behind the revival of the boundary issue in the SRP. Osmena, who lost to Cebu City Mayor Michael Rama, is an ally of De los Reyes in the Liberal Party.
For his part, Talisay City Vice Mayor Romeo Villarante supports the move of City Legal Officer Alfredo Sipalay in issuing the cease and desist order against Cebu City.
Villarante said Talisay City should uphold its claim on the SRP and collect taxes and permits from Cebu City if they construct structures within their territory.
