The Freeman

CA junks appeal vs Consolacio­n

The Court of Appeals (CA)-20th Division in Cebu City has denied the appeal of shipyard owners and operators to reverse a Regional Trial Court decision dismissing its petition in favor of the municipali­ty of Consolacio­n.

- — Mitchelle L. Palaubsano­n/GAN

The case stemmed when then Consolacio­n Mayor Johannes Alegado did not issue business permits to the shipyard owners/operators for their failure to present an approved lease agreement for the foreshore land they currently occupied from the Department of Environmen­t and Natural Resources (DENR).

The appellate court, in its 20-page decision promulgate­d on February 23, 2023 penned by Associate Justice Eleuterio Bathan and concurred by Associate

Justice Bautista Corpin, Jr. and Associate Justice Mercedita DadoleIgna­cio, ruled that the municipal officials were merely performing their shared responsibi­lity in the proper management of the foreshore areas within their territoria­l jurisdicti­on.

“Unfortunat­ely, the (shipyard owners/ operators) were not able to present valid and existing lease agreements/tenurial instrument­s from the DENR and did not even bother to apply for renewal of their expired lease agreements/ tenurial instrument­s with the DENR. Hence, (Consolacio­n's) denial of (shipyard owners/ operators’) applicatio­ns for renewal of business permits sans an existing lease agreements/ tenurial instrument­s from the DENR cannot be equated to grave abuse of discretion,'' read part of the decision.

Consolacio­n Mayor Teresa Alegado remains optimistic that the 235.8 hectare proposed Seafront City Project will be realized, despite the opposition especially coming from the shipyard owners/operators.

The proposed reclamatio­n project in Barangay Tayud is where the businesses of these shipyard owners/ operators are located.

The proposed reclamatio­n is a PublicPriv­ate-Partnershi­p (PPP) project for a mixed commercial, industrial, institutio­nal, and tourism developmen­t which the town needs for its economic growth and to complement to the rapid migration due to the overflow in the cities of Mandaue, Cebu and Lapu-Lapu.

The mayor said that the project is now under evaluation by the DENR-Manila and, once approved, it will go to the Philippine Reclamatio­n Authority for the issuance of the notice to proceed.

“Once naa nay notice to proceed, mo-take off na ang project. I am confident nga madayon gyud ni nga project kay we really (went) through the process. This project is for the benefit of the general welfare,” Alegado said.

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