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.
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.