Council approves report contradicting legal office

CEBU, Philippines -  The Cebu City legislators yesterday claimed that the Cebu City Legal Office erred in its legal opinion stating that the province-owned lots, which were acquired through the Friar Lands Act, can be used for commercial purposes.

The members of the Cebu City Council has adopted the report of the committee on laws, ordinances and good government chaired by Councilor Edgardo Labella, saying that legal opinion of the City Legal Office was “incorrect.”

Labella decided to come up with a committee report after the City Legal Office headed by City Legal Officer Joseph Bernaldez issued an opinion last July 25 saying that the Friar Lands Act did not state that the lots acquired by the various government agencies cannot be used for commercial purposes.

Bernaldez and other city lawyers said that while the City Council insisted that there is a provision in the Frriar Lands Act or Act 1120 which provides that the lands acquired under this law shall be used only for “public purposes” and “use,” this actually was not stated in the law.

When the City Council made amendments to the Cebu City zoning ordinance in 2008, it said that the concerned lots will be used only for “public purposes and use,” as stated also in Act 1120.

Bernaldez even challenged the members of the media to help scan the Friar Lands Act to look for the controversial provision.

When Labella was asked by The FREEMAN about it yesterday, the north district city legislator smiled and said “Naa na, naa sa Executive Order nga nag-amend sa Act 1120.”

“The intent and purpose of City Ordinance 1293, then, is clear and unmistakable, and it is to discourage, if not prohibit, further major commercial development in the north development zone, particularly with respect to lands acquired under Act 1120, as amended or the Friar Lands Act, by any branch, subdivision, or entity of the national or local government,” Labella said.

According to Labella, the existing ordinance is considered enforceable by the City of Cebu unless it will be declared illegal or unconstitutional.

“In interpreting the term for public service or use in City Ordinance 1293 as including the development of the land for commercial purposes, in blatant and wanton disregard of the clear intent of the ordinance expressed in its preamble, the City Legal Office violated the fundamental rule of statutory construction, which is to favor the interpretation giving effect to the intent of the law and all of its provisions,” Labella said.

The planned Ciudad Project or the construction of three commercial buildings at the province-owned lot in barangay Apas is a joint venture project of Cebu Province and Fifth Avenue Development Corporation, whose project has been stopped during the term of then mayor and now Cebu City South district Rep, Tomas Osmeña for the reason that it will contribute to the worsening of traffic. — (FREEMAN)