Capitol “slept on rights”; claim dismissed court rules: Cebu City owns Fuente

CEBU, Philippines - Nine years after the Capitol staked its claim, the Regional Trial Court-7 Branch 23 has ruled that the Cebu City government owns the historic Fuente Osmeña Circle and not the Cebu Province.

In an August 5 decision, Judge Generosa Labra especially said the Capitol has neither claimed ownership nor possession over the area until it filed the complaint before the court.

“Wherefore, premises considered judgment is hereby rendered in favor of the defendants (Cebu City) and against the plaintiff (Cebu Province) by dismissing the above-captioned case and upholding the right of ownership and possession by the City of Cebu of Fuente Osmeña Circle,” read the order.

City Attorney Joseph Bernaldez said City Hall received its copy of the 12-page decision last Wednesday afternoon.

To recall, Cebu Province sued the city government and Mayor Tomas Osmeña in 2007 for quieting of title and recovery of possession on two properties covered by Transfer Certificate of Title Nos. 122635 and RT-5346 in the name of the province.

The province asked Osmeña to refrain from exercising acts of ownership and administration over the historic place, whose construction started on January 30, 1910 and was finished on February 12, 1912.

It was admitted by the province that the historical park, originally known as “La Traida de Aguas de Osmeña,” was created as a tribute to a great Cebu nationalist—Don Sergio Osmeña Sr.

Since 1912, Cebu City government, formerly known as The Municipality of Cebu, managed and maintained the historical park.

“For ninety-five years, the plaintiff Province of Cebu never lifted a finger to question the management and administration by the City over the subject park, and for 95 years the administration by the City of Cebu over the subject property has made the same as one of the most recognizable landmarks in the City,” the court said.

Labra noted that there was no land title at the time of the completion of the park in 1912.

“The act of the plaintiff in trying to claim possession of the subject property constitutes a stale demand for they have slept on their rights for 95 years,” she said.

During the pre-trial conference on May 21, 2008, the province admitted that the city government has been in actual and physical possession owner of the property since its construction.

The province has also admitted that the property is located within the territorial jurisdiction of the city and that it never questioned ownership of the property until it filed complaint.

The province further admitted that the certificates of titles in its name were issued without decree of registration issued by the Land Registration Commission.

Labra resolved three issues in her decision: Who between the Province of Cebu and the City of Cebu is the owner of Fuente Osmeña Circle, whether the transfer certificate of titles of plaintiff were defective or null and void, and whether or not the plaintiff is barred by latches and prescription?

Labra said the subject property is under the territorial boundaries of the city government. She said the province did not have any title of the property when the completion of the construction in 1912.

Labra said the province did not have the power to build and maintain the park, which is under the territorial jurisdiction of the city, which was then a municipality.

She said the titles that the province got in its favor had “no legal nor factual basis,” thus null and void.

On the second issue, Labra said one of the “fatal admissions” of the province was that its Certificates of Titles were issued without any Decree of Registration by the Land Registration Commission.

On the third issue, Labra reiterated that the province did not claim ownership nor possession of the property.

She cited jurisprudence which states that “the effect of delay in asserting their right of ownership over the property which militates against the petitioners, not merely the fact that they asserted their right to the property too late in the day.”

Meanwhile, the Cebu provincial government is set to turn over a portion of a province-owned lot in Barangay Busay, Cebu City to the University of the Philippines Cebu as a relocation site for Lahug, Cebu City fire victims.

The informal settlers have rebuilt their shanties in a fire-stricken area in Sitio Avocado, Lahug after a December 26, 2015 fire displaced about 240 families or over 800 individuals despite objections by lot owner UP Cebu, prompting the university, City Hall and Capitol officials to work out a solution.

 UP Cebu has been planning to utilize 2,000 square meters of the 4,000-square meter area for its campus expansion plan.

On Monday, the Provincial Board authorized Davide to sign on behalf of the province a deed of donation of the Busay lot with an area of 20,000 square meters to UP Cebu “free from all liens, encumbrances and charges of whatever kind of nature.” (FREEMAN)