This wall in IT Park was formerly the border of BBRC. (CDN PHOTO/LITO TECSON)
Cebu City Mayor Michael Rama was in a fighting mood last night after the lawyer of a major property developer threatened to sue the city government if it pushes through with its plan to demolish a concrete wall that separates the Cebu I.T. Park and the project site of a business rival in barangay Lahug.
“They should not threaten the Office of the Mayor. We have a mandate. Ignorance of the law excuses no one from compliance (therewith),” Rama told Cebu Daily News.
The mayor was asked to comment on the statement made by Julius Neri, counsel of the Cebu Property Ventures and Development Corp. (CPVDC), that they “will take action” if City Hall would initiate the demolition of the wall along W. Geonzon St.
Rama insisted that the concrete wall was “illegal” and should be torn down.
In an executive session of the City Council where the Geonzon wall issue was discussed, City Attorney Jerone Castillo confirmed that Mayor Rama, in a letter dated Oct. 17, asked CPVDC to explain within 10 days why the wall was not torn down despite pronouncements by the city government that it is illegal.
Last month, the City Legal Office issued a legal opinion saying that W. Geonzon St. is a public road and should be accessible to everyone and that any physical barrier like the concrete wall should be torn down.
CPVDC’s Neri disputed City Hall’s insistence that the wall is a public nuisance.
“The wall can’t be declared a public nuisance, it’s not in the middle of the road. The situation there as it is, has never been an obstacle since it’s not located in a public road. It’s a private property of CPVDC within the CPVDC property,” Neri told the councilors.
He said even the barangay captain of Apas, Ramil Ayuman, said he was not after the demolition of the wall, but is only after the resolution of public access issues.
“If the city will continue with demolishing the wall, it’s transgressing the law. It will make the city vulner able to civil and criminal action against the Ombudsman. And if CPVDC’s right is violated, we will take action,” Neri added.
Critics of the mayor claim that Rama was taking sides on the Geonzon wall issue by using the “public welfare” card to put pressure on Filinvest Land Inc. (FLI).
Rama last night however, vehemently denied he was siding with FLI and cited an instance when he allegedly helped the property developer iron out things when they encountered problems with the ongoing construction of their business process outsourcing complex in Lahug.
Rama had earlier said the wall might pose dangers during emergencies since the only access in and out the FLI complex is through Salinas Drive.
The City Legal Office said that the city government’s police power is superior over the CPVD’’s contract with the Philippine Economic Zone Authority (PEZA) which requires them to build perimeter walls to separate their industrial park from the rest of the area.
The CLO also invoked City Ordinance 1481 which regulates construction of buildings and other structures in the city including public thoroughfares and sidewalks.
Section three of the ordinance states that “any building, structure or contraption erected in any public place within the City of Cebu such as but not limited to streets, thoroughfares, sidewalks, plazas, or in any other public place intended for public gathering or similar purpose are hereby declared as nuisance and illegal structure.”
City Hall lawyers added that 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.
The legal office’s opinion was sent to both the CPVDC, which owns the Cebu IT Park and FLI which is constructing a BPO complex at the other side of the wall.
But until now the wall hasn’t been demolished which prompted the city to ask for an explanation from CPVDC.
City attorney Castillo said although his office gave the opinion to demolish the wall, it’s still the prerogative of the mayor whether to push through with the demolition or not. But Rama earlier said that the opinion of the legal office is the “official stand of the city.”
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