Provincial board backs Gwen: Legal action vs. ban to develop government lots in Banilad, Talamban

CEBU, Philippines – The Provincial Board has given Governor Gwendolyn Garcia the go signal to take legal action on the city ordinance that seeks to ban government agencies from developing lots at the Banilad-Talamban area they have acquired through the Republic Act 1120 or the Friar Land Act.

The Board specifically authorized the governor to file a petition for declaratory relief with the court.

The ordinance approved by the Cebu City Council on May 13, 2009 modified the provisions of the "1996 Zoning Ordinance of the City of Cebu" by declaring all lands acquired under the Friar Land Act devoted for the purpose for which they are acquired.

The City Council believes disallowing the commercial development of the lots would minimize traffic congestion in the area.

But in a resolution authored by Board Member Alex Binghay, the Provincial Board questioned this contention especially that City Hall allowed the construction of a new subdivision in the area just a few weeks after the ordinance was passed.

The Board described the city ordinance as "anti-Capitol" because it allegedly "largely affects the Capitol-owned lots."

"There is a need to file a case to question the ordinance as the same would be beneficial to the interest of the Province of Cebu," Binghay's resolution reads.

Capitol spokesperson Rory Jon Sepulveda said the issue won't be resolved and the situation of the province-owned properties in the said area would remain in limbo if no legal action is taken.

Sepulveda said it is the provincial legal office that recommended the action so that Capitol can exercise the right of ownership for the "possession, utilization and fruits of ownership."

He said the case will be filed as soon as Garcia returns from her trip in China on Thursday.       

The provincial government intends to put up a multi-million commercial complex, which it calls "Ciudad" in the province-owned lot in Banilad that used to be occupied by the Cebu International School.

But the construction of the project was put off after then Cebu City Mayor Tomas Osmeña ordered the City Council to come up with a measure to "freeze" all commercial developments in Banilad, to address the worsening traffic congestion in the north corridor.

In a separate development, the Provincial Board also authorized Garcia to file a petition for replevin against the City of Cebu and the City Traffic Operations and Management (CITOM) to recover the province-owned trailer truck that CITOM has towed.

Sepulveda said the case is civil in nature and is separate from the case Capitol filed earlier with the Office of the Ombudsman.

To exercise its right of ownership over a parcel of land located in the vicinity of Fuente Osmeña and to prevent trespassers, Capitol has placed barricades thereat, including a trailer truck inside the property.

On May 20, 2010, CITOM personnel reportedly towed the trailer truck without the knowledge and consent of the Province of Cebu.

Capitol demanded for the return of the trailer truck, but the same allegedly has fallen on deaf ears on the part of CITOM. (FREEMAN)