CPA: We own building despite lack of docs

CEBU, Philippines – The Cebu Ports Authority is insisting on its ownership of the century-old Compania Maritima despite the Cebu City government’s claim, arguing that it owns the title over the property by operation of law despite the absence of a document.

While the city government is applying for it to be issued the building’s documentary title, the CPA, on the other hand, said it owns the old building and its surrounding premises, citing historical and legal grounds.

“With regards to the ownership of Compania Maritime, without discussing the full merits of the court case, in my opinion, the CPA owns the Compania Maritime,” said Yusop Uckung, CPA legal affairs department manager.

Uckung, in a press conference yesterday, countered the statements recently issued by lawyer Jade Ponce, chairperson of the city government’s Land Management Council.

The CPA had asked Regional Trial Court Branch 10 to issue a temporary restraining order or a writ of preliminary injunction against the city pending resolution of its petition for injunction with quieting of title.

The city government, though, had also applied for a title over Compania Maritima at the Land Management Bureau of the Department of Environment and Natural Resources-7.

Uckung quoted Ponce as saying that CPA’s petition for quieting of title was not valid or has no legal basis since quieting of title presupposes the existence of a title, which CPA does not have.

He wanted to emphasize that it is a “misconception” that when we say “title” what is only referred to is the document.

Uckung pointed out three measures that would support CPA’s ownership over the old building, among them Executive Order 448 that declared the “Customs Zone” as the Cebu Port Zone.

The Customs Zone, he said, was transferred from the Bureau of Customs to the Philippine Ports Authority by virtue of Presidential Decree 857 and subsequently handed over to CPA under Section 21 of Republic Act 7621 (An Act Creating the Cebu Port Authority Defining its Powers and Functions, Proving Appropriation Therefor, and for Other Purposes).

E.O. 448, which then president Ferdinand Marcos signed on February 5, 1975, established the Customs Zone for the Baseport of Cebu covering an area of 93,321 square meters that extended to the Pier 1 and Compania Maritima premises.

Uckung said the order likewise declared all future back-up areas to be reclaimed and the whole waterfront of the port of Cebu, covering all existing and future port projects, as part of the Customs Zone.

Also, in 1975, the PD 857 was enacted to create the PPA and removed the domestic port operations from BOC to the PPA.

The BOC, prior to the creation of port authorities, handled port management for both domestic and foreign operations.

Uckung said the decree stated that all port facilities were transferred from BOC to PPA, including general supervision, control and regulation of port operations and all intangible assets, powers, rights, foreshore rights, interests and privileges belonging to BOC and other agencies related to port works.

When CPA was created by law through RA 7621, he said, the Compania Maritima properties were turned over by PPA to CPA.

“CPA was then created as an independent, autonomous body from PPA…. Klaro sa balaud nga gibalhin ang tanang port properties of PPA to CPA,” he said.

He likewise said that based on CPA’s history, Compania Maritima’s premises were the result of the reclamation to pave for the South Coastal Road Project implemented by the Department of Public Works and Highways-7 sometime in 2003.

He said the Compania Maritima property, prior to the coastal road project, was used as an operational and functioning port, a sub-office of the base port of the CPA.

“The DPWH need(ed) to ask permission from us since we (were) the ones operating in the area.  That is why we condemned two of our offices to support the end portion of the viaduct,” Uckung said.

As agreed with DPWH’s past leadership, he said, the agency turned over the reclaimed land as compensation to CPA’s loss of berthing spaces.

But the city government, led by Mayor Michael Rama, asserted that it is the custodian of all the properties in the city, stressing that ownership of the building never belonged to CPA since the start.

Rama had been eyeing to develop the old building into an art museum or maritime museum. — /RHM (FREEMAN)