Village leader’s approval moves Ciudad forward

By Jujemay G. Awit and Oscar C. Pineda

Tuesday, May 24, 2011

IN the heat of defending his order to clear the Mahiga Creek, Cebu City Mayor Michael Rama pushed the issue on the Ciudad project and even the sale of the South Road Properties (SRP).

His proposed moves on these issues have already provoked the ire of his predecessor, Rep. Tomas Osmeña.

But, Rama said, “I hope the City Council would recognize the novelty and wisdom that owners exercise the attributes of ownership.”

“Attributes of ownership” is a term that refers to an owner’s right to dispose of, use and enjoy a property and its fruits.

The Cebu City Council, during Osmeña’s term, passed an ordinance to stop developments along the Banilad-Talamban corridor, which has prevented a joint venture of the Provincial Government and a private developer, the Ciudad project.

But recently, the Ciudad project acquired a barangay clearance from Barangay Apas.

Apas Barangay Captain Ramil Ayuman signed the clearance, contrary to Barangay Resolution 015-09, which supported the City Council ordinance on the moratorium of developments in the Banilad-Talamban area.

“Barangay Apas will not compromise on the benefits received from the development if traffic congestion and problem will occur in the area,” the resolution had read.

Gov. Gwendolyn Garcia said that Osmeña’s suggestion to build a cemetery, instead of
letting Ciudad proceed, is foolish,

“like building a canal in the middle of the street.”

No moratorium?

Capitol consultant Atty. Rory Jon Sepulveda said no moratorium is being implemented on developments in the Banilad-Talamban area, pointing out that City Hall allowed several new buildings there.

“Unfortunately, ang iyang laway dili balaod sa Sugbu (Osmeña’s word is not the law in Cebu),” Sepulveda said.

Ciudad has been stalled since 2007.

If City Hall is worried about the traffic, the private developer has proposed alternative routes from JY Square to Talamban without passing by Ciudad, to decongest traffic.

Councilor Edgardo Labella, the city council’s chairperson of the committee on laws, said there is no sanction for the signing of the barangay clearance.

Still, he continued: “The barangay captain should have taken into consideration the fact that sometime in April 2009, they made a resolution supporting the ordinance on mass motion.”

“He should have made consultations or, by way of a resolution, moved for the repeal or changed their collective, official stand,” said Labella.

Labella and Vice Mayor Joy Augustus Young agreed with Rama on the rights of the owners of properties to develop their lands. But this is not automatic.

“Yes, I agree with him (Rama) but in this case, the property is owned by the government,” said Young, referring to the Capitol.

Since the Province is not paying taxes to the City Government, he said, it is not a priority.

Deprived

In the case of the Banilad-Talamban corridor, Young said the main issue is preventing traffic congestion.

Young said that while the Cebu City Traffic Operations Management (Citom) can find a solution to the traffic problem in the area, it will only be good for two to three years, because once commercial developments are allowed, traffic will increase.

Rama sees the matter differently.

“That’s unconstitutional (keeping the Province from pursuing its joint venture) because they are deprived of their property without due process or just compensation.

Imagine, you cannot build structures because of the traffic situation. Traffic is a responsibility of the government. Let the government find a solution,” said Rama.

But Capitol is already convinced it can pursue the Ciudad project, with the barangay clearance it has acquired. A locational clearance is not necessary because Ciudad is a commercial development in a commercial-use area.

The Cebu City Planning and Development Council, though, said a locational clearance is still needed.

Clearance

A barangay clearance is just one of the requirements for a locational clearance, which is also a requirement for a building permit.

Rama has been widely criticized for his stance on the demolition of Mahiga Creek, particularly by Osmeña.

But this did not stop him from issuing statements on the Ciudad project and SRP that are contrary to Osmeña’s views on these matters.

Rama also said yesterday that if the City Government needs money, then he will sell the SRP.

Osmeña wants to wait until the Filinvest Land Inc. and SM Prime Holdings Inc. have made visible developments in the area, because he expects prices will shoot up.

Young, though, saw no conflict there, because while Rama wants to sell the SRP now, the deal won’t be made until after two to three years, just in time for the people to see buildings from the first takers of the property.

Published in the Sun.Star Cebu newspaper on May 24, 2011.