Who owns the land where the F. Ramos St. and Fuente Osmeña are constructed?

The American Collector of Customs of Cebu, James J. Rafferty, upon his retirement from government service went back to the United States and resided in San Francisco, California. Rafferty was the Collector of Customs of Cebu during the first years of the American Occupation when the Philippine Organic Law of 1902 was enacted.

James Rafferty acquired many lots in Cebu during his tenure as Collector of Customs in Cebu. On December 5, 1925 he came to Cebu and instituted a complaint before the Court of First Instance of Cebu for possession of his lots against the Municipality of Cebu (now City of Cebu) and the Province of Cebu.

His action before the Court of First Instance was that he was deprived of his properties as the Municipality of Cebu and the Province of Cebu usurped his lands. Among many of his lands now possessed by the Municipality and Province of Cebu was Lot No. 541 containing an area of 4,030 square meters a portion thereof, an area of 1.154 square meters was constructed the F. Ramos St. (Fructuoso Ramos was one of the longest reigning Municipal President of Cebu, the street was named after him, even when he was still alive then, he was Municipal President from 1910-1922, then from 1933 to 1936). Another portion of Lot 541 was constructed the Osmeña Park now more known as the Fuente Osmeña, although a portion of the park was also owned and then donated by Victoria Rallos, a widow, the donation was made on February 15, 1919. Victoria Rallos was the same woman who donated a street in Sambag I, previously known as P. del Rosario Extension renamed as Alcantara St.

Rafferty lost his case in the Court of First Instance of Cebu and went to the Supreme Court assisted by the law firm, Block, Johnston and Greenbaum, while the Municipality of Cebu and the Province of Cebu was represented by Provincial Fiscal Borromeo Veloso. The Supreme Court on December 29, 1928 decided the case in favor of the Municipality of Cebu and the Province of Cebu.

The Supreme Court in its decision said, that the owner of the questioned lots, James J. Rafferty sold his lands in favor of the Province of Cebu, this was through his agent and attorney in fact, E. Michaels. This was made on November 23, 1910 (this was during the tenure of Gov. Dionisio Abella Jakosalem), and that it was too long for Rafferty to question the validity of the sale, waiting for 15 years.

The amount of the sale of the lot was P226 pesos. The other lots, Lot 522, 563, 525 and 525 of the Hacienda Banilad) of Rafferty was acquired by the Province of Cebu through adverse possession. The Province of Cebu transferred Sub Lot No. 541-B to the Municipality of Cebu, and it is where the F. Ramos St. was constructed.