On Retired Colonel’s lot claim: Capitol offers compromise

CEBU, Philippines — The Capitol is seeking a compromise with a retired police official who claimed before the court a portion of the province-owned lot in Banilad, Cebu City where the proposed Ciudad Project was supposed to be constructed.

The Provincial Board during its out-of-town session in Oslob last Monday passed a resolution sponsored by PB Member Raul Bacaltos authorizing Governor Hilario Davide III to sign the compromise agreement with retired colonel Rico Palcuto.

Palcuto filed a case against the Province of Cebu, Fifth Avenue Property Development Corporation and the Department of Environment and Natural Resources questioning the title of the property as “null and void.”

The Province of Cebu owns the property located at the former Cebu International School in Banilad, Cebu City.

The lot is the site for the proposed Ciudad Project of the Province of Cebu in partnership with Fifth Avenue Property Development Corporation.

A portion of the lot has been occupied by Palcuto and utilized as his residence and at the same time his main office for his Ayer’s Lechon business.

In 2006, the Capitol demanded informal settlers to vacate the area. Another demand letter was sent in August 2011 addressed to Palcuto who apparently did not heed the demand.

Bacaltos, who heads the PB committee on laws, said the parties to the case, assisted by their respective counsels, manifested before the court their intention to amicably settle the same.

The Province of Cebu, in order to give due course to said intention, offered Palcuto to transfer to another parcel of land located at Barangay Luz, Cebu City, with an area of 1,948 square meters, by way of lease.

This is embodied in the proposed compromise agreement subject to the approval of the court.

The board is optimistic that the proposed P1.2 billion Ciudad Project which has been stalled for years can move forward.

The legislative body earlier granted Davide the authority to sign and execute an amended build-transfer-operate agreement with Fifth Avenue Development Corporation.

The Capitol had executed a BTO agreement in September 2006 during the time of Deputy Speaker Gwendolyn Garcia as governor for the Ciudad project but was not implemented.

The political fallout between Garcia and Cebu City Mayor Tomas Osmeña caused the delay of the Ciudad Project because the latter opposed the project due to perceived detrimental effects to the environment, traffic, and employment in the area.

The City Council also issued a moratorium to any development in the Banilad-Talamban area, which prevented the Capitol and Fifth Avenue from continuing with the project. (FREEMAN)