Council OKs signing of 93-1 land swap

The 5,000 beneficiaries from Cebu City of the 93-1 land swap deal with Capitol can now heave a sigh of relief after the disposition of properties is just one step closer to closure.

Last week, the Cebu City Council has approved the resolution authorizing the mayor to sign the deed of donation and acceptance with the Province of Cebu to legally transfer the involved properties.

This was made possible after the other members of the city council approved the resolution Councilor Eugenio Gabuya Jr. has sponsored.

But before this happened, almost 10 minutes of discussions occurred after some legislators lodged their respective queries.

Councilor Jose Daluz III, who is a lawyer by profession, asked the committee on laws, ordinances, and styling whether or not the deed of donation is compliant with the Memorandum of Agreement (MOA).

It's been a year and six months already that Mayor Tomas Osmeña and Governor Hilario Davide III signed the MOA.

The chairman of the said committee, Councilor Sisinio Andales, told Daluz that the legislative measure is within the bounds of law, adding the City Legal Office poses no objection with it.

“In consideration of the foregoing, the Office reiterates our opinion that the subject deed complies with the basic elements of a valid contract. It is not contrary to law, good customs, public policy, and morals, accordingly, this Office interpose no objection thereto,” portion of City Legal Office opinion reads dated February 15, 2018.

While the Cebu City council has given the go signal for the mayor to sign the deed of donation to the Capitol, the Cebu Provincial government is yet to pass a similar resolution authorizing the governor to sign the Capitol's counterpart to realize the 93-1 land swap.

Provincial Board Member Celestino Martinez III sponsored the said proposed resolution.

The needed resolution was first included as an item on the agenda of an out-oftown session last June 25. However, it was deferred.

The PB members moved to invite Provincial Legal Officer Orvi Ortega to attend the session so he can explain the status of the 93-1 MOA between the Capitol and the City Hall.

The item was part again of the regular session agenda in July 2 under 'unfinished business'. For the second time, the proposed resolution was deferred because the resolution's sponsor was absent.

As of last week, Ortega said that he has not received any invitation from the PB to attend their session and give the legislative department an update on the 93-1 MOA. He said he is willing to attend the session should he be summoned.

Meanwhile, the proposed resolution to authorize the governor to sign the deed of donation of the provincial government properties under 93-1 is not included in the agenda in today's session, as emailed by the PB Secretariat.

Three weeks after the item was first proposed, there is still no definite date when the proposed provincial resolution will be taken up again.

Aside from Daluz, Councilor Raymond Alvin Garcia, who is also a lawyer, has asked Gabuya on the proceedings of disposing the properties considering that the former sponsored an ordinance for the 2.5-hectare lot at the South Road Properties (SRP).

The 2.5 hectare is among the properties of the city which will be transferred to the province. To legally dispose it, the city has to draft an ordinance.

“We are going to authorize the mayor with everything else except this 2.5 hectare of land in SRP or are we going to wait for this ordinance and then we lump everything then authorize the mayor including this 2.5 property?” Garcia said.

Gabuya said they have to approve the resolution and the proposed ordinance will follow.

Further, he said the city government has to wait the provincial board to approve the resolution giving authority to Davide to do the same.

As of writing, the proposed ordinance of Gabuya transferring the ownership of 2.5 hectares of land in SRP is under study by the committee on laws, ordinances and styling as well as to the City Legal Office.

Emily Malto, 93-1 movement president told reporters that the city council has finally approved the resolution authorizing the mayor to sign the deed of donation.

“Mapasalamaton kaayo ko og dako sa tanang members sa city council sa ilang supporta gyud namo sa 93-1. Sukad pa kaniadto na wala sila maglubad sa pagsuporta kanamo. Ug labaw sa tanan kang mayor Osmeña kay siya gyud nagpush niani nga ma-push gyud namo,” she said.

Resolving the 93-1 issue was among the promises made by Osmeña and Davide as they assume office after the 2016 election.

The 93-1 beneficiaries are from Barangays Kamputhaw, Capitol Site, Kalunasan, Busay, Luz, Lahug, Mabolo, Apas, Lorega, San Miguel, Kasambagan, and Tejero.

Once the deed of donation will be signed by both local government units (LGUs), the involved properties in the land swap deal will be disposed legally.