No House approval needed: Mike, Tom defend selling of SRP lots

CEBU, Philippines - While they may disagree on almost everything, Cebu City Mayor Michael Rama and former mayor Tomas Osmeña yesterday said selling the South Road Properties (SRP) does not require congressional approval, contrary to what a former House of Representatives member opined.

Rama, his ally Vice Mayor Edgardo Labella, and political nemesis Tomas Osmeña were of the same stand that the City Government has the prerogative to dispose SRP lots even without the go ahead from congress.

"It is our categorical stand that there is no impediment because of the Presidential Decree and the COA ruling," Labella said.

He was referring to Presidential Proclamation (PP) No. 843  issued by then president Gloria Macapagal Arroyo issued on May 16, 2005 that transferred ownership of the SRP and declared it as "alienable and disposable."

PP No. 843 amended Proclamation No. 200-A dated May 22, 1969, reserving a portion of a public lot in what is now Pardo in Cebu City and Tangke in Talisay City "containing an aggregate area of 2,956,929 sq.m., more or less, as the Cebu City South Reclamation Project, transferring its ownership to the City Government of Cebu, and declaring such area alienable and disposable."

Labella also said Commission on Audit (COA) Decision No. 2009-064 made on July 20, 2009 "upheld (for) Cebu City the right to sell SRP lots in the exercise of its proprietary function as a Local Government Unit (LGU)."

The vice mayor likewise mentioned that when Osmeña was mayor, Tinago Barangay Captain Joel Garganera, a vocal critic of Osmeña and now an ally of Rama, had already raised the same concern years back, and his petitions were dismissed by the courts.

Rama, on the other hand, also stressed that the issue has been resolved years ago. 

"Looking back, I've already heard that issue a long time ago. Resolved naman na. Mobalik naman ta sa istorya kaniadto (Why are we reliving an old issue)?" Rama said.

"You cannot undo (the transactions). That can tremendously affect so many local government units," he added.

The former lawmaker, who asked not to be identified so his comments would not be misinterpreted as mere politicking, said no one can sell parcels of the SRP unless authorized by congress, as stipulated under Commonwealth Act No. 141, otherwise known as the Public Land Act.

The lawmaker also said that selling SRP lots to corporations is unconstitutional, as ruled by the Supreme Court in the case of Francisco Chavez versus the Public Estates Authority and Amari Coastal Bay Development Corporation.

Osmeña, though, said the lawmaker is just trying to commit "economic sabotage" because investors are locating at the SRP.

"Ang tanang (All) reclamation sa tibuok Pilipinas walay (in the country has no) congressional approval and we are authorized to reclaim. He (lawmaker) is obsessed on destroying the SRP by trying to put fear in our investors; but it will not shove them away," he said.

Aside from Filinvest Land Inc. and SM Prime Holdings, Japanese investors are also eyeing the SRP for a multi-million retirement facility, which is seen to earn for the city billions of pesos their proposed 25-year lease is approved by the City Government.  /RHM (FREEMAN)