Legal opinion: Geonzon St. should be open to public

W. GEONZON Street in barangay Apas, Cebu City should be accessible to everyone and any physical barrier like the concrete wall in the perimeter of I.T. Park should be taken down.

The Cebu City Legal Office gave this opinion in the dispute between Filinvest Land Inc. (FLI) and the Cebu Property Ventures and Development Corp. (CPVDC) which owns I.T. Park.

The perimeter wall separates part of the I.T. Park from Filinvest’s project, a business process outsourcing complex which is a joint venture with Cebu province.

Private vehicles and jeepneys already pass through W. Geonzon Street, but Filinvest wants to remove the perimeter wall so that vehicles and potential locators can easily enter their new BPO complex.

In a legal opinion drafted by lawyers Mary Rose Salvatierra and June Maratas, said W. Geonzon Street “is, for all intents and purposes, a public street albeit titled under the ownership of CPVDC and should therefore be open to all who desire to use the said property.”

Not absolute

“When a private road has been thrown open to public use, the owner cannot exclude and discriminate against any person who desires to make use thereof,” it said.

Mayor Michael Rama said the legal opinion is the “official stand of the City” and ordered copies to be sent to CPVDC and Filinvest.

Reepresentatives of CPVDC and Filinvest have been in talks brokered by the Capitol in recent weeks to find a way to resolve an issue which has implications on business competition for existing BPOs in IT Park and potential locators in the new BPO complex across the street.

Recently, Filinvest was granted the status of a special IT zone by the Philippine Economi c Zone Authority (PEZA) just like the IT Park.

Capitol officials said they would leave it to Gov. Hilario Davide III to announce any progress made in the discussions.

In a news conference yesterday, Castillo said they “carefully studied” the case before giving out their opinion.

Since the CPVDC earlier “conceded that the street has and will always be a roadway open to the general public, the legal office said CPVDC “cannot hide behind its private ownership and maintain a position over W. Geonzon Street which is prejudicial to public interest.”

The City Legal Office said the city’s police power is superior over the contract of the CPVDC with the Philippine Economic Zone Authority (PEZA) which requires them to build perimeter fences to segregate IT Park from the rest of the area.

“While non-impairment of contracts is constitutionally guaranteed, the rule is not absolute, since it has to be reconciled with the legitimate exercise of police power,” the opinion read.

Demolition

They also invoked City Ordinance 1481 which regulates construction of buildings and such other structures in the city, including public thoroughfares and sidewalks.

The fence built by CPVDC, city lawyers said, is not consistent with the promotion of public welfare.

They said fencing the perimeter of the sidewalk along Geonzon St. is tantamount to closure of its portion which violates Section 50 of Presidential Decree No. 1529 or the Property Registration Decree.

“Allowing public access to W. Geonzon St. will likewise promote public welfare since traffic congestion will be alleviated and the public convenience upheld,” the City Legal Office said.

Under the ordinance, demolition of illegal structures shall be done by the owner or an authorized representative within 10 days from receipt of a demolition notice from the City Hall.

Failure or refusal from the owner to voluntary demolish will automatically authorize the city government to demolish it.

Related Stories:

Geonzon St. in IT Park now a ‘public road’

Tug-of-war rages over IT Park road

‘Public not restricted in passing through street’