City Council wants regular update of case vs Garcia

CEBU, Philippines - The Cebu City Council is asking the city legal office to give a regular update on the case that the city government has filed against Cebu Governor Gwendolyn Garcia over her plan to evict the occupants of the province-owned lots in Barangay Apas.

The members of the council want city legal officer Joseph Bernaldez to give them regular update of the case because of their observation that the legal stand of the city lawyers on the matter have changed.

Councilor Edgardo Labella said the city lawyers have been giving conflicting opinions on the issue. He pointed out that when the city government filed the case, city lawyers were of the opinion that the occupants of the lots have the right over the property.

They argued before the court that the province-owned lots that were acquired through the Friar Lands Act or Act 120 shall not be used for commercial purposes. However, in July 25, 2011 the city legal office came up with a legal opinion that the province-owned lots that are situated in the various barangays of the city can also be used for commercial purpose like that of the proposed Ciudad Project in Barangay Apas.

According to Labella, the city attorney should submit to them a status report of the case in the interest of the local governance and the thousands of the urban poor residents that stand to be affected by it.

The legal opinion was used by the contractor of the proposed Ciudad Project, Fifth Avenue Development Corporation, in obtaining the locational clearance for the project from the City Planning and Development Office. — (FREEMAN)