‘Clear and present danger’ in SRP sales

‘Clear and present danger’ in SRP sales

Reclaimed and marshy disposable lands of the public domain can only be leased and not sold to private parties, says former House Deputy Speaker Pablo Garcia, citing a Supreme Court decision But Cebu City Legal Office Chief Joseph Bernaldez says that SC in 2014 affirmed the City’s right to sell SRP lots

ALL transactions of the Cebu City Government involving the sale of portions of the South Road Properties (SRP) are illegal and unconstitutional, former Cebu governor Pablo P. Garcia said.

During a news forum yesterday, Garcia said that the sale of SRP lots to SM Prime Holdings Inc., Filinvest Land Inc., Ayala Land and Cebu Holdings “are consequently inexistent, null and void from the beginning.”

These were made with- out prior authority from Congress, which the former deputy speaker of the House said was required under Commonwealth Act No. 141 and the Public Land Act.

Because of this, Garcia

It is his opinion. I respect that. He can file a case if he wants to – Cebu City Legal Office Chief Joseph Bernaldez

said there is a “clear and present danger” that the special patents issued by the Department of Environment and Natural Resources (DENR) will be cancelled and ownership of the property will revert to the National Government.

Garcia said the illegality of the sale has made SM Prime Holdings, Filinvest Land, Ayala Land and Cebu Holdings “informal settlers” at the SRP.

In a separate interview, Cebu City Legal Office Chief Atty. Joseph Bernaldez said that the former Cebu governor can file a case in court if he questions the legality of the disposal of lots in the SRP.

Disposable

Bernaldez said that the City Government can sell portions of the SRP because it is the “exclusive owner” of the property.

“It is his opinion (that the sale of SRP lots was illegal and unconstitutional). I respect that. He can file a case if he wants to. Lisod man gud nga puros ra press release nga mao ni iyang baruganan (It’s different if he just issues a press release on his stand on the matter),” he said.

Garcia cited several laws to support his opinion.

He pointed out that last May 22, 1967, then President Ferdinand E. Marcos issued Proclamation 200-A, reserving for national improvement purposes certain parcels of land of the public domain situated in San Nicolas, Pardo in Cebu to Tangke, Talisay City.

That consisted of 5,386,000 square meters, or nearly 540 hectares.

Last May 16, 2005, then President Gloria Arroyo issued Proclamation 843, amending Proclamation 200A by reserving a portion of the land covered by Proclamation 200-A, known as the Cebu South Reclamation Project, with an area of 2,956,929 square meters.

Arroyo declared it as alienable and disposable, and transferred its ownership to the City Government of Cebu.

Special patent

Pursuant to Proclamation 843 and in accordance with Commonwealth Act 141 or the Public Land Act, then Environment and Natural Resources Secretary Michael Defensor issued last Sept. 15, 2005 a special patent, granting and conveying to Cebu City Government certain lots of the public domain, with an aggregate area of 2,100,740 square meters.

Garcia said this special patent became the basis of the Original Certificate of Title (OCT) No. 0-3581-A in the name of the City Government of Cebu.

Also pursuant to Proclamation 843, another special patent was issued by then Department of Environment and Natural Resources (DENR) Secretary Angelo T. Reyes, granting and conveying to Cebu City Government two lots with an aggregate area of 95,645 square meters.

This special patent became the basis of OCT No. 0-3625 issued in the name of the Cebu City Government.

In the two special patents that became the basis of the issuance of the OCT in the name of the Cebu City Government, Garcia said, it is clear that the grant of ownership of certain tracts of land of the public domain to the Cebu City Government, particularly the Cebu South Reclamation Project, was made in accordance with the Constitution and Commonwealth Act 141 or Public Land Act, as expressed in the special patent and transcribed in the OCT.

Lease only

Garcia said the tracts of land described in OCT No. 0-3581-A were, upon the request of Mayor Tomas Osmeña, subdivided into seven lots.

And so, OCT No. 0-3581-A was canceled and new Transfer Certificates of Title (TCT) were issued for each of the seven lots.

He said that each of the TCTs in the name of the Cebu City Government expressly stated that the title is issued “subject to the provisions of the said Property Registration Decree and the Public Land Act as well as the Mining Laws if the land is mineral and subject further to such conditions contained in the original title as may be subsisting.”

“The transactions of the City of Cebu involving the sale or disposition of certain portions of the Cebu South Reclamation Property are clearly and absolutely illegal because these were made without prior authority from Congress,” Garcia said during the 888 News Forum at the Marco Polo Hotel yesterday.

“This is in violation of Section 60 of the Commonwealth Act No. 141 or the Public Land Act,” he added.

He also likened the case of the SRP to the Amari Land Deal in Manila in the landmark case of Francisco Chavez versus Public Estates Authority. The Supreme Court’s decision in that case states that reclaimed and marshy disposable lands of the public domain could only be leased and not sold to private parties.

Affirmed

Bernaldez, however, said that the SC has already affirmed the City’s ownership and its right to sell the SRP since June 2014.

The decision of the High Court stemmed from the case filed by City Councilor Joel Garganera in March 2007, when he was still Tinago barangay captain.

Garganera had asked the SC to review the Court of Appeals’ (CA) dismissal of an appeal that he filed but his petition for certiorari was denied. He had wanted the CA to reverse the Regional Trial Court’s ruling that upheld the City’s ownership of the SRP.

The SC said the City’s ownership of the project was made “beyond questionable” by the issuance of Proclamation No. 843, pursuant to Republic Act 7916 or the Special Economic Zone Act of 1995.

Special Patent 3693 and Original Certificate of Title 3581 further reinforced this, the court ruled.

Proclamation 843, signed by then President Gloria Arroyo last May 26, 2005, declared the entire SRP as alienable and disposable land.

It also authorized the issuance of a special patent to the City.