CEBU, Philippines – Mayor-on-leave Tomas Osmeña believes the enforcement of the proposed ordinance to prohibit the commercialization of government-owned lots within the city will not be affected even if the executive order that ordered province-owned lots acquired from the Banilad Friar Lands has already been repealed.
In a text message to The Freeman, Osmeña said the statement of Capitol that the supposed cancellation of the executive order will free them from any limitation on the use of its lots is useless.
“Regardless, the city may rezone any property within its area for the general interest and welfare of the public. That’s very clear under the law,” Osmeña said.
Once implemented, the proposed ordinance will affect the provincial government’s prime real estate project Ciudad along the Banilad-Talamban corridor.
Atty. Rose Arnado of the Provincial Legal Office earlier said the 91- year-old executive order issued by then Governor General Francis Burton Harrison that stipulated the province-owned lots acquired from the Banilad Friar Lands can be used only for public purposes has already been repealed by another executive order.
The repealing executive order was issued by former President Ramon Magsaysay, which declared that province-owned lots are open for disposition under the provisions of the Friar Lands Act.
Arnado said this means that Capitol-owned lots can now be used for some other projects.
But Councilor Gerardo Carillo, one of the authors of the proposed ordinance, agreed with Osmeña, saying the city wants to rezone or reclassify the subject areas.
“We just reclassify it, we can study in the future if the national government would like to use it other than for public, they may apply for variance, and well study it in a case to case basis. Zoning is within the power of the LGU,” Carillo said.
According to the city officials, construction of commercial establishments in government-owned lots may worsen the traffic congestion in the north district and may jeopardize the progress of the northern barangays. - Ferliza C. Contratista/JMO (THE FREEMAN)