Capitol, city lawyers' views needed
The Cebu City Council has invited both legal officers of the city and Cebu Province to shed light on the legality of transferring the ownership of a 2.5-hectare lot in the South Road Properties as part of the land swapping deal.
The City Council has scheduled a public hearing on September 11 on the proposed ordinance transferring the ownership of the property to Cebu Province after the land swapping agreement involving the lots under Ordinance 93-1 has been sealed off.
Councilor Eugenio Gabuya Jr. sponsored the proposed ordinance after Cebu City Mayor Tomas Osmeña and Cebu Governor Hilario Davide III signed the respective deeds of donations of the properties involved in the swapping.
Councilor Sisinio Andales, chairman of the committee on laws, ordinances, and styling, suggested to hold a public hearing and to hear the legal opinions of both the city legal officer and provincial legal officer.
Gabuya’s proposed ordinance is in compliance with the City Ordinance 2332 or An Ordinance Protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings which mandates that an approval from the City Council is needed before the mayor is allowed to dispose of the property.
A portion of the SRP was among the properties that the city government exchanged with the 32.4 hectares of lots covered by the Ordinance 93-1 of Cebu Province. Aside from the 2.5-hectare SRP lot, the other properties now owned by the province are the 13, 711- square meter Sewerage Treatment Plant; 2, 475-square meter slaughterhouse at the North Reclamation Area; 9-hectare property in Pulpogan, Consolacion; 3.3-hectare Block 27, Block 27-A and Block 27-B including the road in between at the North Reclamation Area.
The City Legal Office, however, has already rendered a favorable opinion stating that the transfer of ownership is within the bounds of law.
“Upon careful review over its provisions, this Office is of the opinion that the proposed ordinance is not contrary to law, good customs, morals, and public policy. Moreover, its terms and conditions are complete in form and in substance, hence valid, and do not deviate from Memorandum of Agreement upon which it is based from,” the city legal office’s opinion reads.
It was prepared by Atty. Yedah Ylanan and was approved by City Attorney Joseph Bernaldez.