City asks 15 days to gather proof of Fuente ownership

The city government is asking the court for 15 days to gather evidence to support its answer to the civil case the provincial government has filed purportedly to recover the Fuente Osmeña circle from the city government.

“This office is still in the process of retrieving additional documents that will be presented with our answer in court,” the pleading read.  It asked the court to allow it to submit an answer until August 19.

In filing the complaint, the province contended that it is the rightful and legal owner of the Fuente Osmeña Rotunda.  The province then asked the court to declare as “valid, legal and binding” Transfer Certificate of Title Nos. 122635 and RT-5346 earlier issued by the Register of Deeds where the 1,100 square-meter Fuente Osmeña Rotunda is adjacently located.

The province also asked the court to declare it as the rightful owner of the area the rotunda occupies and to order the city government to respect such right of ownership.

The province said that on June 8, it sent a letter to the city requesting the latter to immediately refrain from exercising acts of ownership and administration over the Fuente Osmeña Rotunda. The letter also asked the city to turn over all documents to the province.

But the city still reportedly continued to administer over the Fuente Osmeña Rotunda and refused to turn over all documents, alleging that the province has not shown explicit proof of claim over the property.

About 201 province-owned parcels of land located in Cebu City were donated to the city government during the incumbency of Sergio Osmeña Jr. until former governor Rene Espina tried to recover the donated properties when he assumed office in 1965.

In 1971, a court settlement was reached. While the court allowed the province to recover majority of the donated properties, a portion of which that included parks and public places which may have included the rotunda was left under the care of the city government. — Joeberth M. Ocao/BRP