City lawyer defends legality of demolition of Beverly Hills gate

CEBU, Philippines — The Cebu City Legal Office insisted that there was no necessity to secure a court order to demolish what the city government deemed as illegal structures on public thoroughfares similar to that in Beverly Hills.

Lawyer Carlo Vincent Gimena said they did not have to secure a court order to demolish the gate of the posh village because it was built on a public road, a violation of Ordinance 1481.

According to Gimena, the open spaces in Beverly Hills Subdivision, including the road network and its gate, are owned by the city government.

Gimena said the city ordinance 1481 states that any obstructions or illegal structures on public thoroughfares would constitute a nuisance that warrants a summary abatement.

“That’s why the mayor has issued a clearing order, we have afforded them due process, we have given them actually a show cause memorandum,” said Gimena.

Gimena also clarified that the portion where the demolished gate stood was not owned by the subdivision. He said the property belongs to the city of Cebu under a separate transfer of certificate of title.

The road lots within the subdivision were already donated by the Beverly Corporation to the City Government as mandated by law requiring 30% of the total area for development to be devoted for open spaces.

“That’s why gi-donate sa Beverly Corporation na developer in favor of the city of Cebu and the deed of donation was duly and properly accepted by then former mayor Eulogio Borres at that time,” said Gimena.

The donation, accordingly, took place in March 1976. The Beverly Hills Homeowners questioned the validity of the deed of donation. But, Gimena said the homeowners are not “privy” to such concern adding that it wasn’t them who did the donation. Gimena explained that the Beverly Hills Corporation is a separate entity and distinctly different from the Beverly Homeowners Association Inc.

“So meaning, I also question, do they have authority from the Beverly Corporation to assail the deed of donation,” Gimena said.

According to Gimena, unless the deed of donation is nullified by the court, the ownership of the property remains with the city government. In fact, the tax declaration is named under the city government.

Gimena, however, admitted that the title hasn’t been transferred yet to the city government but he said the deed of donation is enough proof of ownership. He also explained that the transfer already took effect the time that the donation was accepted.

“Ang pag-transfer sa ownership sa property is actually by virtue of a deed of donation duly accepted,” said Gimena.

On March 12, 2024, some concerned homeowners of Beverly Hills expressed their disappointments over the demolition of the guardhouse to allow public access on the road traversing the subdivision.

It was on that same day, Tuesday, that the Cebu City Government implemented a clearing operation of Beverly Hills toll gate on the grounds that it is owned by the city.

Some homeowners explained that the entrance which was demolished was privately owned by the heirs of Eddie Woolbright.

“That is not donated. That is accurate,” a homeowner said.

But Gimena said the statement was “misleading” because it was not the main gate that was demolished but the gate three of the subdivision.