The court rules: CPA owns Maritima

CEBU, Philippines — The Regional Trial Court has ruled in favor of the Cebu Port Authority (CPA), which filed a complaint representing the Republic of the Philippines against the Cebu City government, that eventually gave them ownership of the Compania Maritima premises.

In a 22-page decision dated June 5, 2023, the court affirmed that the Compania Maritima Premises is situated within the Baseport of Cebu, as defined under Executive Order No. 448, s. 1975, and that it belongs to the Republic of the Philippines, through the CPA.

The court further declared that the CPA, as the Republic’s trustee, should be able to exercise its functions within the property, subject to both national and local laws, statutes, and regulations, free from any form of harassment from the defendants.

The court has also directed the defendants, its agents, representatives, employees, successors-in-interest, or any third persons acting on their behalf not to perform any acts inimical to the ownership and interest of the Republic of the Philippines and direct the Branch Clerk of Court to issue a final writ of injunction.

“Now that the cloud surrounding the ownership of the Compania Maritima Premises has been legally dissipated, the CPA will proceed with the development of the said premises in preparation for the construction of modern port facilities aimed at augmenting its port operations, and in pursuance of its mandate and commitment to providing safe, efficient, and effective port services to the public,” the CPA said in a statement.

Prior to this, the same Court has granted the petition for a writ of Preliminary Injunction filed by CPA in a 15-page order penned by Judge Soliver Peras issued on December 23, 2022.

With the ongoing legal dispute between the city and the CPA as to the ownership of Compania Maritima, it has affected the joint-venture agreement between the Cebu City government on the Carbon Market redevelopment project.

Rama has since declared war against CPA after both parties could not agree on who has legal ownership of the premises. –/GAN (FREEMAN)