CH turns down Capitol’s request to demolish wall

CEBU, Philippines - The Cebu City government has turned down the request of the provincial government not to demolish the perimeter wall at the controversial W. Geonzon Street in Barangay Apas.

Mayor Michael Rama said the Capitol cannot dictate the city on what to do and what not to do.

“They can’t do that to the city. There is a city and there is a province. We have our responsibility and they have their own responsibility. Thus, the city is our responsibility. The property is located in the City of Cebu. I wish that matter was also taken into consideration,” Rama said.

The Cebu Provincial Board passed a resolution Monday requesting the city to defer the demolition of I.T.’s perimeter wall as it would be gravely detrimental to the interest of the province’s joint venture agreement with Filinvest Land Inc., Cebu Property Ventures and Development Corporation, and to the Cebuano constituents in general.

FLI entered a joint venture agreement with the provincial government to develop a 1.23 hectare Cebu Cyberzone Project situated at lot formerly occupied by the Bagong Buhay Rehabilitation Center.

However, the development was allegedly stalled because of the fence constructed by CPVDC abutting the street and along the project site which burdened contractors in the transport of materials.

Despite his disagreement, Rama is confident that it would not stain or ruin the city’s “good” relationship with the province.

 “Davide (Governor Hilario Davide III) and I are constantly communicating and discussing on (W. Geonzon St. issue) matter. He knows where I stand and I know where he stands. And we understand our respective stands,” he told reporters.

Although, Rama said everything has to go through a “due process,” stressing that he will carefully review all the proposals and requests of FLI and CPVDC before the city will act and intervene on the issue.

“Everything is in accordance with the city legal opinion but I want FLI and CPVDC’s requests answered squarely and fairly,” he said.

In a joint legal opinion, lawyers Mary Rose Salvatierra and June Maratas said the fence or the perimeter wall along W. Geonzon Street can be validly pursued for demolition pursuant to Section 50 of Presidential Decree No. 1529 (Property Registration Decree).

“It is beyond cavil that a sidewalk is necessarily and essentially part of the public street to which it is appurtenant to. Thus, fencing the perimeter of the sidewalk in W. Geonzon Street is tantamount to closure in violation of the restriction set forth in its transfer certificate of title and PD No. 1529,” the opinion stated.

CPVDC, nonetheless, maintains that the concrete fence along W. Geonzon Street was constructed pursuant to Philippine Economic Zone Authority Accreditation, which requires that the “PEZA registrant must construct perimeter fences and other appropriate facilities that will physical segregate/isolate the Asiatown I.T Park from the rest of the adjacent area.”

The lawyers said the fencing contributes to traffic congestion along Salinas Drive as patrons of adjacent establishments are compelled to traverse through Salinas Drive instead of having direct access to Geonzon Street This, according to city lawyers, is a public nuisance since the community is directly affected.

“Such act can be considered as a public nuisance since it affects a community or considerable number of persons considering that not only patrons of adjacent establishments are affected but also the riding public,” the opinion read.

Once demolished, the said street will promote public welfare since traffic congestion will be alleviated and the public convenience upheld.

City Ordinance No. 1481 mandates the city government to “regulate and maintain the city’s sidewalks and ensure that these remain unimpeded and unobstructed and that nuisances shall be removed in accordance with the law.” Also, this is in line with the protection of public safety and welfare.— (FREEMAN)