CPVDC threatens to sue CH

CEBU, Philippines - Cebu Property Ventures and Development Corporation has threatened to sue the Cebu City government if the latter pushes through with the demolition of the company’s perimeter fence at the I.T. Park.

“If the Office of the Mayor will demolish the fence, they will be transgressing the law vulnerable to civil action and criminal action before the Office of the Ombudsman. I assure you that if the city defies and violates the law, we will take legal actions,” said CPVDC legal counsel Julius Neri.

Demolition of the structure would further violate the company’s private rights, he added.

CPVDC officials were invited to an executive session of the members of the City Council yesterday together with Apas Barangay Captain Ramil Ayuman and city legal officer Gerone Castillo to discuss the impending demolition of the perimeter fence as recommended by the city attorney’s office.

In an eight-page opinion issued upon the request of the City Council and Filinvest Land Incorporated, the city legal office said the fence can be validly pursued for demolition pursuant to Section 50 of Presidential Decree No. 1529 or the Property Registration Decree.

“It is beyond cavil that a sidewalk is necessarily and essentially part of the public street to which it is appurtenant to. Thus, fencing the perimeter of the sidewalk in W. Geonzon Street is tantamount to closure in violation of the restriction set forth in its transfer certificate of title and PD No. 1529,” the legal opinion states.

“Such act can be considered as a public nuisance since it affects a community or considerable number of persons considering that not only patrons of adjacent establishments are affected but also the riding public,” it added.

But Neri argued that the concrete fence along W. Geonzon Street was constructed pursuant to Philippine Economic Zone Authority Accreditation, which requires that the “PEZA registrant must construct perimeter fences and other appropriate facilities that will physical segregate/isolate the I.T Park from the rest of the adjacent area.”

Neri said the fence is located inside the CPVDC property which cannot be declared as a “public nuisance”.

“It has never been an obstacle to their free access to W. Geonzon St. It is not located in a public road. It just a perimeter fence that protects the private property of Cebu I.T Park,” he said.

Neri said that demolishing the structure would be a violation of CPVDC’s private rights. CPVDC executive vice president Jun Bisnar said the fence has been existing since 1990 when the Cebu provincial government turned over the property to the corporation as part of their joint venture agreement.

“It’s not a new fence it’s an existing structure part of the property turned over to us by the provincial government. It became an inherent part of our property,” he said.

He clarified that the fence was covered by the company’s development permit issued by the city government when Cebu I.T. Park was developed in 1995 to 1997. The development permit “covers all our perimeter walls and fences around the park,” Bisnar said in response to Castillo’s statement that the city can demolish it since it has no fencing permit.

Castillo pointed out that any demolition would depend on the prerogative and decision of the local chief executive based on the “comprehensive” legal opinion.

“The final decision is really up to the mayor if he will demolish the fence. He may or he may not follow our legal opinion,” he said. — (FREEMAN)