Committee junks measure to authorize SRP lots sale

CEBU, Philippines - The proposed ordinance seeking to authorize the sale of a three-hectare property at the South Road Properties was rejected by the Cebu City Council committee on laws, ordinances and styling.

The committee chaired by Councilor Raymond Alvin Garcia said the ordinance is not necessary.

He said a resolution would already suffice. The committee report will be deliberated in today’s council session.

“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,” the committee report reads.

Garcia explained that the existing City Ordinance No. 2332 governs the disposal of any lots at SRP. Under the existing ordinance, a resolution approved by the City Council is needed prior to the disposal of lots at SRP.

“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,” the committee report reads.

The proposed ordinance, which is authored by Councilor Nendell Hanz Abella, is supposed to supplement the existing measure known as “Protecting the SRP and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings,” which was passed on July 18, 2012.

The proposed measure has pegged the floor price of the SRP properties at P110,000 per square meter net of applicable taxes.

Garcia said there is no need for an ordinance to be passed but only a resolution to dispose of lots at SRP.

“It is also worth mentioning that the proposed measure may validly provide that the sale be done through bidding since unsolicited proposals for investment or participation in the development of the SRP as contained in Section 2 of C.O. No. 232 is merely a preferred mode of disposal of properties,” the committee report reads.

Mayor Tomas Osmeña said he needs the ordinance since a resolution cannot amend the existing ordinance stating that the lots at SRP can be sold in an unsolicited proposal.

“The authority to sell is by amending the ordinance and not a resolution. So we’re going to form a special ordinance just for the sale of this three-hectare (property). So there will be a public hearing, publication,” he said.

Osmeña said he does not want to commit the same mistake as the previous administration in passing a resolution to dispose of the 45.2-hectare at SRP, a move that he questioned.

“We’re not going to break the law like they did. Maybe that's their trap, how come we did it. No, we're not going to do it. We'll follow the proper way. If you want to amend an ordinance, then do not use a resolution,” he added.

Osmeña said the Department of the Interior and Local Government already ruled that a resolution cannot amend the ordinance.

He said the same fate like the 45.2-hectare may happen if he will not push for the approval of the proposed ordinance.

“So, if we’re going to sell this three-hectare with a resolution, the buyer may not buy it because it may not be legal. You have to do it properly para at least atong makita it's prim and proper,” he added. (FREEMAN)