Not being used as a cemetery: City eyes taking lot back

CEBU, Philippines — The Cebu City Government is now eyeing to retrieve the lot donated to the Evangelical Christian Coalition of Cebu (ECCC) in Barangay Kalunasan after finding out that the said lot was not utilized as a cemetery as agreed upon during the donation.

In a press conference last Monday, Mayor Raymond Alvin Garcia said that former mayor Tomas Osmeña entered into a deed of donation with the ECCC of the four hectares property. The said donation came with an agreement that the ECCC will use the area as a cemetery.

However, Garcia said that it was last week when Councilor Jerry Guardo, chairman of the council committee on infrastructure, inspected the area and found out that it remained unutilized.

“No cemetery or whatsoever, what will Cebu City do now?” said Garcia.

Garcia explained that as stipulated in the Civil Code and deed of donation, if the purpose of the deed of donation is not carried out, the property may be reverted back to the original owner which is the Cebu City Government.

He added he is now directing to study the possibility that the city government may retrieve this lot as it was also found out that the donation had pushed through, hence ECCC now owns the lot.

“Tan-aw nako, there really must be a recession of the place or I don’t what you call that nga mabalik ang titulo sa city of Cebu kay wa naman magamit for its purpose,” said Garcia.

Garcia further explained that during the inspection, Guardo and his team assessed that the area is a strategic location for a housing facility.

He added the area can no longer be used as the cemetery because of zonal classification, but he said it can still be used for housing and agricultural purposes.

“If we can revert it back for the city of Cebu, then we can use it for housing. Laliman ka’g four hectares housing, di man sad layo layo ang Kalunasan…that is something we are looking into,” said Garcia.

In a document obtained by the media, the said agreement was signed by Osmeña and Rev. Romeo T. Borado last May 4, 2017.

It was indicated that the 42,687-square-meter lot will be transferred in consideration of its desire to “help and cooperate with the donee” in the creation of a common cemetery for the constituents.

Cebu City information officer Ramil Ayuman said Guardo, during the inspection, said that they offered to swap an area in Barangay Guba which he added was more compatible with the purpose. In exchange for that, he added, they are eyeing to develop the property to help with the “backlogs of the city’s housing project”.

The city legal representative who was also present during the inspection also said that it is only right for the government to retrieve the property saying that it was “wrongly donated” since zoning indicates that it isn’t suited for a cemetery. — (FREEMAN)