While the issue zeroed in on terminating the lease contract-between Mandaue City and Norkis of the Quisumbings-and using the lot as site of the Mandaue City College building, a government official yesterday said the contested lot is owned by the national government.
Commissioner Elberto Emphasis, of the Philippine Reclamation Authority, insisted he has the records and facts over the true owner of the lot in question, and that he had consulted with lawyers on the matter.
Presidential Decree 3-A issued in 1973 provides that, "the reclamation of areas under water, whether foreshore or inland, shall be limited to the national government or any person authorized by it under a proper contract."
This proved that the national government owns the lot, Emphasis said, adding that even if Republic Act 5519 (Mandaue City Charter) stipulates differently, PD 3-A still prevails.
RA 5519 states: "The National Government hereby cedes to the City of Mandaue the ownership and possession of all foreshore lands of the public domain within the city and within the municipal and city waters."
Emphasis also cited Mayor Thadeo Ouano's letter to the Public Estates Authority on June 9, 2005 on the special registration of unauthorized reclamation projects in Mandaue City. This showed that Ouano recognized the reclamation area as owned by the national government, he said.
Jonji Gonzales, spokesman of Mayor Ouano, however criticized Emphasis of "using legal fantasies to help the Quisumbings get away with an immoral act."
Gonzales said that when Norberto Quisumbing Jr., of Norkis Trading, got into a lease contract with Mandaue City, it showed that Quisumbing was aware and accepted that the city government owns the foreshore land leased to Norkis.
The then mayor, Demetrio Cortes Sr., and Quisumbing signed the 1980 contract granting Norkis lease of the property in barangay Looc. The contract also states that Norkis, "had introduced improvements to the leased lot by filling up the area reached by seawater."
The agreement was that Norkis would lease a 1.1-hectare of the property to develop it into a mini-park but Norkis used instead for its showroom.
Gonzales said Emphasis could not just tell the Quisumbings now to disregard the contract with the city by citing that the lot was a foreshore land and owned by the national government.
Emphasis countered however that he did not care about the Mandaue City-Norkis contract, and what he wanted was to convey PRA's notice that all reclamation projects should be registered at the PRA by February 2007, otherwise these will be forfeited.
PRA general manager Silvestre Bello III wrote last August 15 advising Quisumbing to register the reclaimed lot before the deadline.
Gonzales contended that the issue was not about the lot being a foreshore land; it has been about Norkis' violation of the lease agreement.
Mandaue City had wanted to take back the lot from the Quisumbings and build on it a building for the Mandaue City College.
A group of city residents, among other sectors, joined in the issue by petitioning the Quisumbings to end the contract and vacate the lot in favor of the college building. - Gregg M. Rubio