Saturday, August 6, 2011
The City Legal Office recently rendered a legal opinion on the matter that said the land owned by the Province along the Banilad-Talamban corridor may be used for commercial development, said a reliable source at City Hall.THE legal office of the Cebu City Government has endorsed the P1.2-billion Ciudad project, which is a joint venture of Fifth Avenue Development Corp. and the Cebu Provincial Government.
While it is a commercial development, the source told Sun.Star Cebu yesterday the Ciudad project is considered for “public use” since it will still be used for the public’s access or purposes.
This is still in line with City Ordinance (CO) 2193, which amended the 1996 Zoning Ordinance of Cebu City. Section 1 of that ordinance declared that all lands acquired under Act No. 1120 or the Friar Lands Act shall be for public use.
The term “public use” was not specifically defined under CO 2193.
Vice Mayor Joy Augustus Young yesterday confirmed the endorsement of the City Legal Office for the Ciudad project.
Young acquired a copy of the legal opinion even after City Attorney Joseph Bernaldez refused to give him one. This reportedly irked Mayor Michael Rama.
“Gi-bakus gyud sila. Suko kaayo si mayor pagkahibaw niya nga naa ko’y kopya (The mayor was reportedly angry and berated them when he learned I obtained a copy),” Young said, referring to Bernaldez.
Young said he is of the view that the executive department is hiding the legal opinion so the council cannot act on it.
Sun.Star Cebu tried to acquire a copy of the legal opinion but Bernaldez and the City Planning and Development Office (CPDO) refused to release one.
Young, in a separate interview, differed with the alleged legal opinion on the Ciudad project.
“That’s their definition of public use. That’s their opinion. But we (council) also have a different definition for that. He (Bernaldez) is not the only lawyer around,” he said.
Asked what the council’s definition is, the vice mayor said they will answer that at the proper time. “We don’t telegraph our punches,” he said.
Young said he is yet to discuss the legal opinion with the councilors.
As in previous interviews, Young reiterated the council’s opposition to the Ciudad project, particularly the lifting of its moratorium, as they expect the development to aggravate traffic in Banilad and Talamban.
He doesn’t believe that opening four access roads will address the traffic problem in the area.
Fifth Avenue earlier identified in their traffic plan four access roads to ease the traffic in the Banilad-Talamban corridor. This will include three access roads at IT Park and another access road at the Central Command area.
“I cannot understand how they are going to solve the problem by opening roads. Opening roads means more traffic. It’s really going to get worse,” he said.
In 2007, during the term of former mayor now Rep. Tomas Osmeña (Cebu City, south district), the City imposed a moratorium on the developments in the Banilad-Talamban area, citing traffic problems.
The moratorium came after negotiations for a land swap between City Hall and Capitol failed, which strained relations between Osmeña and Gov. Gwen Garcia.
Related Topics: Other Cebu Projects
Published in the Sun.Star Cebu newspaper on August 06, 2011.
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