Bernaldez invited to appear before dads

CEBU, Philippines - The Cebu City Council invited city legal officer Joseph Bernaldez to appear before an executive session this morning to discuss the issue surrounding Capitol’s Ciudad project in Banilad.

In yesterday’s regular session, the council agreed to also invite city lawyers Carlo Vincent Gimena, Ferdinand Cañete and June Maratas, who penned a legal opinion that the project can be constructed in the area.

Their opinion was approved by Bernaldez.

The City Legal Office, in its legal opinion dated July 25, had contradicted the argument that the province-owned lot cannot be utilized for commercial purposes because of an existing city zoning ordinance.

Several councilors and Vice Mayor Joy Augustus Young supported the argument of south district Rep. Tomas R. Osmeña against the Ciudad project due to the traffic problem in Banilad.

The previous council had amended the city’s zoning ordinance declaring the province-owned lots in the city that were acquired under the Friar Lands Act “solely for public service and use.”

But the city lawyers argued that there is no provision of the City Ordinance 2193 that stated that the use of the province-owned lots for commercial purposes is prohibited.

“The meaning of the term public service and use in the ordinance is broad and all-encompassing which could be interpreted to include development of the land acquired by any branch, subdivision or entity of the national government or local government unit under Act No. 1120, as amended, for commercial purposes,” their legal opinion reads.

Bernaldez approved their arguments, which states that “there is no doubt that the proposed Ciudad project falls within the purview of public use encouraged by the city zoning ordinance.”

The city lawyers further explained that “the proposed Ciudad project is not objectionable to public welfare but on the contrary, propels economic growth and development as it creates job and business opportunities and generates revenues which would be beneficial to the general public.”

Councilor Edgardo Labella is afraid that the legal opinion of the City Legal Office violates the subjudice rule because there is a similar case involving the province-owned lot and the city which is still pending before the Regional Trial Court Branch 58.

The Ciudad project is a joint project of the province and Fifth Avenue Development Corporation, which already applied for the locational clearance from the City Planning and Development Office.

The legal opinion of the City Legal Office has been used by the developer of the Ciudad project to support its application for locational clearance.

“This Office is of the opinion that Cebu City Ordinance 2193 does not prohibit the construction of the Ciudad Project along the Banilad-Talamban area,” the city lawyers argued, citing a few Supreme Court rulings on similar cases. (FREEMAN)