93-1 deal ‘robbery in broad daylight’
The 93-1 land swap deal does not sit well with former Cebu governor Pablo "Pabling" Garcia, who called it an "illegal" transaction and a "robbery in broad daylight."
Garcia said the agreement is "grossly disadvantageous" to the province, which agreed to swap its 32.4-hectare properties under 93-1 with that of the Cebu City government's 16.42 hectares.
The city and the province signed a Memorandum of Agreement for the land swap deal last December 2016.
Davide and Cebu City Mayor Tomas R. Osmeña are allies in the Liberal Party. Davide was with Osmeña's group, the Bando Osmeña Pundok Kauswagan (BOPK), when he ran and won as councilor of Cebu City before running for governor.
"Wa pa ko kabasa sa iyang position paper kung gipadad-an man galing ko'g kopya. Iya pud nang katungod," Davide said.
Based on an April 4, 2008 appraisal and adapted in 2011 by the Cebu ProvincialAppraisal Committee, the 32.4-hectare lots are worth P2.96 billion. In a 1990 appraisal, it was only valued at P338.3 million.
Garcia said the value of these properties have doubled or tripled and so the 32.4- hectare property can be appraised at P10 billion or even more.
"But if this is not already bad enough-losing the value of the remaining 93-1 lots of 32.4 hectares for almost nothing, what is worse is that the province will still have to bleed and give away three more prime and valuable lots," he said.
These are the 1.5-hectare property located at the Department of Agriculture compound on M. Velez Street, Cebu City in Barangay Guadalupe; a property on Don. Gil Street in Barangay Capitol Site consisting of 577 square meters; and another property along Gorordo Avenue in Barangay Lahug consisting of 2,358 square meters, which would be used by the city as a police station.
He said only 1.62 hectares of the 16.42 hectares can be of use to the province, while the rest are "problematic and of dubious values."
The 1.62 hectares include the 13,711-square meter lot of the city government's Sewerage Treatment Plant and 2,475-square-meter slaughterhouse at the North Reclamation Area.
Garcia said the 2.5-hectare lot at the SRP cannot be swapped because the city government has no authority yet to dispose of the properties.
He explained that the titles of the City of Cebu to the SRP lots were granted to it under two special patents issued by the Department of Environment and Natural Resources in accordance with the provisions of the Commonwealth Act No. 141 or the Public Land Act.
Under Section 60 of the Act, the city government "cannot alienate, encumber or dispose of the lots, except when authorized by Congress." The CA No. 141 mirrors the legislative authority required in Section 56 of Act No. 2874.
He said same provision was invoked by the Supreme Court in the landmark case of Francisco I. Chavez vs. Public Estates Authority and Amari Coastal Bay Development Corporation, G.R. No. 133250 dated May 6, 2003.
In fact, Garcia said the previous sales and transfers of some of the SRP lots were in violation of the provisions of the Public Land Act and may cause the revocation of the Special Patents and the reversion of the SRP ownership to the state or the national government.
"The much-publicized 93-1 land swap is a camouflage, in order to conceal or disguise an indecent and illegal transaction. In reality, the 93-1 land swap is a transaction which is unduly injurious to the province of Cebu and is manifestly and grossly disadvantage to the latter," he said.
Aside from the SRP lot, Garcia said that the nine-hectare property in Pulpogan, Consolacion is "worthless."
The property, he said is the relocation site of more than 6,000 informal settlers from Cebu City and who will, eventually, own the lots they are occupying.
"If the province is planning to occupy the property for its use, the province cannot drive out the 6,000 informal sellers and their families occupying this lot. Actually, the province is being given a problem instead of an asset," he said.
This, he said, may constitute a violation of Sec. 3, Paragraphs E and G of RepublicAct No. 3019 or the Anti-graft and Corrupt Practices Act.
Moreover, Garcia said if the city and provincial governments want to address the problem of the occupants covered by Provincial Ordinance 93-1, there is no need to land swap properties.
Instead, he said the province can simply and directly deal with the occupants by resuming the implementation of 93-1 and selling them directly or through the NHA, Home Mortgage Insurance or PagIBIG Fund.
"Actually, by putting so much emphasis and drama on the alleged solution to the 9301 problem, the architects of this much-publicized land swap are trying to conceal or disguise the ignoble and indecent purpose of this transaction," he said.
He hopes that the PB will review the land-swap agreement "carefully and judiciously" to protect the best interest of the province.
In 1965, he recalled that he filed a civil case, in the nature of a derivative suit, on behalf and in representation of the province to annul the Deed of Donation of the province-owned 210 lots in favor of the City of Cebu. As a result of this case, 199 lots were returned to the province.
"Now it seems that history is repeating itself, through the much publicized 93-1 land swap between the province and the city. Once again, the province is about to be wrongfully and unjustly divested of its prime and valuable properties, coveted and singled out by the City of Cebu," the letter further read.
He said he might file a case against Capitol and city officials who approved the Memorandum of Agreement entered into by the city and province last December 2016.