City Council sets proposed SRP ordinance into motion

Vice Mayor Edgardo Labella and Councilor Raymond Garcia (right) approach Councilors Eugenio Gabuya (seated) Margot Osmeña, Sisinio Andales and Alvin Arcilla during a one-minute break at yesterday’s session where, once again, the sale of SRP lots was the subject of a discussion.
CDN PHOTO/JUNJIE MENDOZA

AFTER a long verbal tussle between lawyer-councilors at the session, the Cebu City Council finally agreed to push for a proposed ordinance, authored by Councilor Hanz Abella, for the sale of another three hectares of the South Road Properties (SRP).

The proposed ordinance aims to authorize the mayor to sell the SRP property, located near the Pond F area, at a price of at least P110,000 per square meter.

In line with the measure, a public hearing has been scheduled on June 20 by the council.

At the council’s regular session yesterday, the committee on laws headed by Councilor Raymond Alvin Garcia recommended that instead of passing an ordinance, a simple City Council resolution allowing the sale would suffice to expedite the entire process.

Other councilors disagreed with Garcia, saying the sale should be covered by a supplementary ordinance so as not to supersede Cebu City Ordinance No. 2332 which prohibits the sale of SRP lots without council approval.

Councilor Sisinio Andales, also a lawyer, cited a Department of Interior and Local Government (DILG) 2015 opinion which stated that a resolution cannot amend or change an existing ordinance.

The legal opinion was issued during the incumbency of former mayor Michael Rama when the previous City Council passed a resolution allowing Rama to sell 45.2 hectares of the SRP.

For his part, Abella pointed out the difference between existing City Ordinance No. 2332 and his proposed ordinance in the manner of disposing the SRP lots.

While ordinance 2332 prefers unsolicited proposals as the mode of disposition, Abella’s proposed ordinance recommends public bidding.

“That’s why we have to introduce a supplementary ordinance,” said Abella, also a lawyer.

Majority floor leader Councilor James Anthony Cuenco said that there was no inconsistency with City Ordinance No. 2332 and Abella’s proposal.

He said the mother ordinance only specifies unsolicited proposals as a “preferred” mode of disposal of SRP lots, but it does not exclude disposal through public bidding.

Councilor Margarita Osmeña said that it would be prudent for the city to just follow the DILG opinion.

“Not being a lawyer, I’d think that the opinion of the DILG stands as of now unless it is changed, corrected or amended. I can’t agree on this committee report,” she said.

“There’s no need to tie our hands here. The intention is to dispose the property. What the committee is saying is in order to dispose, you need authority from the council which can be in the form of a resolution or ordinance. But to expedite things, let’s make it into a resolution,” Garcia argued which prompted the council to vote on the issue.

Eight councilors voted against Garcia’s recommendation including Councilors Andales, Abella, Osmeña, Joy Young, Eugenio Gabuya Jr., Alvin Arcilla, Mary Ann de los Santos and Dave Tumulak.

Only six voted in favor, including Councilors Garcia, Cuenco, Joy Pesquera, Pastor Alcover Jr., Eduardo Rama Jr., and Jose Daluz III.
Councilors Joel Garganera, Philip Zafra and Jerry Guardo were absent at the session.