Over Compania Maritima ownership: City government wants case filed by CPA dismissed

CEBU, Philippines - Citing lack of merit, the Cebu City government is seeking for the dismissal of the civil case for injunction filed by the Cebu Port Authority (CPA) over the possession of the Compania Maritima.

City government lawyers Jerone Castillo and Floro Casa, Jr. said that aside from the lack of merit, CPA’s complaint is not properly verified in accordance with Section 4, Rule 7 of the Rules of Civil Procedure and that CPA has no capacity to sue.

“Even assuming arguendo that the discrepancy in the verification is excusable, the instant case must still necessarily fail on the ground that the CPA has no legal capacity to sue in behalf of the Republic of the Philippines and there is no indication that the CPA is duly authorized to do so for and in behalf of the Republic of the Philippines,” read the motion to dismiss.

The Republic of the Philippines represented by the CPA has earlier filed a civil suit against the City of Cebu to enjoin them from interfering with their rights over their property.

“Having been granted, by law, administration and beneficial use of the entire Baseport of Cebu, the CPA has the right to be in peaceful possession of the Compania Maritima premises and the legal authority to make any improvements or construction on the premises without interference from local government units like Defendant City of Cebu,” it said.

Named defendants were Mayor Michael Rama and acting city assessor Eustaquio Cesa.

CPA, through the Office of the Solicitor, alleged that under Republic Act 7621, otherwise known as the Charter of the Cebu Port Authority, it has power to operate and maintain port facilities in the Province of Cebu, including the City of Cebu and Compania Maritima.

According to the agency, sometime in June 2012, Rama ordered the demolition of the concrete perimeter fence surrounding the Compania Maritima building without their consent.

They later learned from the news report that the City of Cebu had started claiming ownership of Compania Maritima as evidenced by an alleged tax declaration certification issued by the acting city assessor of Cebu.

CPA is now seeking for the quitting of the title.

The city government through Castillo and Casas, however, stated that though CPA was created through RA 7621, Section 7 of the charter enumerates the agency’s powers and functions, among which is the power to sue and be sued in any court.

Nowhere in the law, the lawyers further said, can be found any provisions which give CPA the authority to represent the Republic of the Philippines in suits filed before the court. — (FREEMAN)