Gwen to sue recla project opponents

CEBU, Philippines - Cebu Governor Gwendolyn Garcia will file a counter-case against those who opposed the Cordova Reclamation Project, reiterating that the province as the power to undertake such project.

Yesterday, Garcia instructed Capitol lawyers to prepare for the complaint against lawyer Gloria Estenzo-Ramos, co-founder of the Philippine Earth Justice Center (PEJC) Inc., for malicious prosecution.

Capitol consultant Rory Jon Sepulveda said the case may be filed today.

Under Section 35 of the Ombudsman Act of 1989, malicious prosecution is charged to “any person who, actuated by malice or gross bad faith, files a completely unwarranted or false complaint against any government official or employee shall be subject to a penalty of one (1) month and one (1) day to six (6) months imprisonment and a fine not exceeding P5,000.”

Last Friday, Ramos and her group filed a complaint before the Ombudsman against Garcia and other government officials over the reclamation project. 

Sepulveda said Ramos might have forgotten the previous case she filed against the province in May last year that was dismissed by the Supreme Court for lack of merit.

The SC also dismissed a petition for certiorari filed by Ramos and lawyer Benjamin Cabrido against the Office of the Ombudsman, Garcia and the Provincial Board on the controversial Balili land deal documents that were not released to them.

“We will gladly face her (Ramos) (in court). We just wait for her complaint,” Sepulveda said.

Although Garcia has decided to file malicious prosecution charges, Sepulveda said they will later come up with perjury charges.

Ramos, an environmental lawyer, said the Cordova Reclamation Project is illegal because it does not have the approval of the Philippine Reclamation Authority (PRA).

The province is undertaking a 20-hectare reclamation project off Sitio Camonilas in Barangay Poblacion for the terminal of the town’s roll-on/roll-off port.

Sepulveda showed copy of Opinion No. 93, Series of 1993 signed by then Department of Justice Secretary Franklin Drilon on the authority of the province to undertake reclamation project.

Drilon cited Section 17 of the Local Government Code of 1991, which provides that the authority of LGUs to undertake reclamation projects is limited to projects funded out of local funds.

Such authority, the Code said, does not extend to reclamation projects funded by the national government.

The Code mandates the province to delivers basic services such as “infrastructure facilities intended to service the needs of the residents of the province and which are funded out of provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainages and sewerage, flood control, and irrigation systems, reclamation projects; and similar facilities.”

With respect to reclamation projects funded by the national government, Drilon said the authority is under the Philippine Estates, which is now the PRA. — /LPM (FREEMAN)