Osmeña says ordinance, not resolution needed in lot sale

CEBU, Philippines - Cebu City Mayor Tomas Osmeña yesterday said authorizing the sale of at least three parcels of the South Road Properties should be done through an ordinance, not by a mere resolution.

The mayor spoke before the City Council during the public hearing on the proposed ordinance authored by City Councilor Nendell Hanz Abella authorizing the mayor to dispose of the property.

He explained that his stand was based on the Department of the Interior and Local Government opinion that a resolution cannot amend the mother ordinance.

The proposed ordinance was a supplement to Ordinance 2332, or the ordinance “Protecting the SRP and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings” passed on July 18, 2012.

The legality issue on disposing of the property surfaced after Councilor Raymond Garcia, former chairman of the council committee on laws, said that a resolution is enough to allow the mayor to dispose the property.

“It is the opinion of this committee that the proposed measure to sell the subject parcels of land need not be contained in an ordinance, a resolution may suffice. City Ordinance No. 2332 shall be the mother ordinance, so to speak, for the disposal Of SRP lots; prior specific approval from the Sangguniang Panlungsod of the City, as provided for under Section 3 said ordinance, may be in the form of a resolution. This Committee recognizes the advantage to the City in selling of the parcels of land at that price and thus suggests that the measure be contained in a resolution in order to expedite the process,” read the committee report.

Osmeña, though, said the City Council should resolve the matter so that the sale of the SRP lots will push through.

Earlier, the mayor said passage of the proposed ordinance disposing of the SRP lots was among the priorities of the Bando Osmeña Pundok Kauswagan, saying it will benefit the city.

Meanwhile, Garcia, on behalf of other Team Rama-affiliated officials, registered their support for the proposal, acknowledging that it is good for the city.

Just like Osmeña, however, he said the legality issue should be threshed out in order to officially authorize the mayor to sell the lots.

The lots, totaling three hectares are Lot 1-F-8-A, with an area of 25,769 square meters ; Lot 1-H-1, with an area of 3,349 square meters; and Pond F, with a total land area of 29,118 square meters. (FREEMAN)