PB revokes  lot donation to HPG-7

CEBU, Philippines —  The Cebu Provincial Board yesterday passed a resolution revoking the provincial government’s donation of a 1,358-square meter prime lot along Gorordo Avenue to the Highway Patrol Group (HPG)-7 citing irregularities in the donation.

The board has also authorized Cebu Governor Gwendolyn Garcia to file an ejectment case against the HPG-7 formerly Regional Highway Patrol Unit (RPHU) to recover the possession of the P176-million property.

 In 2018, then governor Hilario Davide III donated in behalf of Cebu Province a parcel of land located inside the Camp Sotero Cabahug along Gorordo Avenue in Cebu City to the HPG-7. The donation did not have prior approval from the Commission on Audit (COA) as required under Section 380 of the Local Government Code.

PB Member John Ismael Borgonia, who sponsored the resolution revoking the donation, said that aside from the absence of prior approval from COA, the members of the previous board who approved the donation were not apprised of the status of the property to be donated.

Borgonia said the previous board merely relied on the endorsement from the provincial legal office requesting authority from the Sangguniang Panlalawigan for then governor Davide to donate the said property.

Borgonia said the members of the board who voted in favor of the resolution sponsored by ex-officio PB Member Celestino Martinez III were never apprised of the actual value of the property to be donated. The property has a total area of 1,358 square meters and is considered a prime lot. At present, it is has an appraised value of P130,000 per square meter or a total value of P176.5 million.

 Both Davide and Martinez were absent in yesterday’s regular session.

 Borgonia said the members of the previous board were also not made aware that the Province of Cebu has another property in Sudlon, Lahug, Cebu City which has been identified as government center wherein national government agencies, including other units/groups of Philippine National Police (PNP), have been allowed to use portions thereof for their offices/buildings.

On September 16, 2019, the PB first passed a resolution manifesting the provincial government’s intention to recover any and all illegally and irregularly disposed of real properties of the province, and authorizing Garcia to initiate moves relative thereto.

On September 25, 2019, the Province of Cebu sent letters to the HPG-7 and CIDG-7 informing them of the direction of the province to recover the donated properties.

CIDG-7 has coordinated with the Province of Cebu and has manifested that they have not built any structure on the property donated and that they are willing to transfer to Sudlon and to execute a document mutually revoking the Deed of Donation.

HPG-7, on the other hand, received a copy of the letter on October 7, 2019 but reportedly did not in any way respond. It was later found out, that sometime in the early part of the year 2021, despite having received the September 25, 2019 letter, they started constructing a building in the donated property.

On April 7, 2021, acting provincial legal officer, Atty. Donato Villa Jr., sent a letter addressed to HPG-7 regional chief, Police Col. Erwin Rebellon, demanding that they cease and desist from any further construction activity.

 “Despite HPG-7’s receipt of the above-mentioned letter, HPG-7 never replied to the same and worse, it has been presently discovered that a building is being constructed in the subject lot,” read Villa’s letter.

According to Borgonia, despite negotiations on the return of the donated lot and the offer to transfer them to the government center in Sudlon, Lahug, HPG-7 refused to return the same and rejected the Capitol’s offer.

Borgonia also noted that one of the conditions in the Deed of Donation is for the done to use the property for the purpose within two years from the signing of the deed.

 “…in the event of non-usage by the Donee on the subject donated property for the purpose upon which this donation was anchored upon or by reason of abandonment thereof and/or in any similar or analogous situation, the ownership, possession and control of the herein subject donated property shall automatically revert back to the DONOR.  By non-usage shall include the failure of the Donee to erect its new and modern building within two (2) years from the signing of this deed.”

Borgonia pointed out that the said term and condition of the deed of donation was not complied with by the HPG-7 considering that the building they only constructed in the early part of the year 2021 and until now, they have not been able to erect and occupy a new and modern building.

 “Hence, by operation of law, the ownership, possession and control of the donated property has reverted to the Province of Cebu,” he said.- FPL  (FREEMAN)