A poisonous resolution

Not very long ago, the Honorable Vice President of our Republic, Jejomar Binay, brokered a negotiation among different parties here in Cebu. His concern for the landless urban residents is demonstrated by his apparently earnest gesture to be profound such that we can overlook the seemingly visible political undertones his critics raised. As we cleanse ourselves of understandable bias, we have got to accept that the objective of the meeting (or more accurately a series of meetings) was to appease the anxiety of thousands of settlers occupying several parcels of land owned by the provincial government of Cebu located within the city.

The instrument itself was not published but from the smattering of reports culled from it, it appeared to be some kind of a memorandum of undertakings where the province would sell to the settlers the lots on which their individual houses stand. A figure was even mentioned with a timetable for the consummation of the transaction considering that a government financing arm was supposed to be the fund source. I recall that the parties to the signing of the resulting document were Her Honor, Cebu Provincial Governor Gwendolyn F. Garcia, and the heads of the various homeowners associations. The mayor of Cebu City was also present.

As reported in the papers, the province bent backwards. As early as 1993, the province granted a favor to the occupants to buy the lots on which their homes were erected. The period expired with many of the settlers taking for granted the province’s graciousness. Even then, the province renewed its initiative two more times still to be rebuffed by some settlers that the issue could not be resolved with finality. So, it was a triumph of social justice when the leadership of the province rather than being turned off by the settlers’ attitude sought for avenues to free the occupants from the bondage of being landless.

In the light of the news report, I thought that document wrote finish to the problem of the occupants of the provincial lot. I was wrong.

Rather than pursue the laudable ends of the memorandum that the settlers wangled from the government, a la clausula rebus sic stantibus, they took a different route. Few days ago, the city council, upon their obvious urging, agreed on a resolution to authorize the mayor to negotiate for the land swap. A city property is supposed to be bartered for the parcels of province owned lots now occupied by the settlers.

This resolution accomplishes anyone or a combination of the following few plausible eventualities. First it puts the mayor on the spot. Well, I really think that it is designed to embarrass him. With the writing of the memorandum of undertaking with him being a witness to the signing, how can he now ask for the land swap, which is an entirely different matter? And if he heeds this authority, he will be shown to be irrational and therefore

Second. It demonstrates that the city council is a bunch of unthinking individuals bent to destroy the image of the honorable Vice President Binay. By authorizing the mayor for an exchange of lots with the province, they scuttle the accomplishment of the vice president and in that respect, they cast aspersion on his honest efforts. Could it be because the vice president does not share the same political party with them?

Third. It actually places the residents in grave peril of losing the opportunity to acquire the lots. The resolution they asked the council to pass can be taken to mean differently. For the province, it is a complete face about by the settlers. The province may interpret it as the occupants’ unwillingness to pursue the terms of the memorandum of undertaking, an act that tantamounts to a veritable rescission. And for the government financing arm, it may mean that the settlers are either not interested to avail of its fund servicing or worse, they are unwilling to pay should money be released for the acquisition of the lots.

All told, the city council resolution asking the mayor to negotiate with the province is a poison. Whoever concocted it must be punished.