CPA feud with Cebu City government: Capitol backs port authority

CEBU, Philippines — The Cebu Ports Authority (CPA) has found an ally in its ongoing battle with the Cebu City government following a pledge of support by Governor Gwendolyn Garcia.

In a press conference yesterday, Garcia said the Cebu City government’s decision to forcibly enter CPA’s premises last April 1, 2024 should not be tolerated.

“We would never have imagined that this would happen in a place like Cebu. However, it did happen…and we believe it is time for the (Cebu) Province to speak out because such display should never happen again and should never be tolerated,” said Garcia during the press conference with CPA General Manager Kit Comendador in attendance.

Capitol legal consultant Jong Sepulveda, who showed a contributed video concerning the move made by the Cebu City government, led by the Office of the Building Official (OBO) last April 1, disclosed that this has raised concern by well-meaning friends, businessmen, and other concerned individuals.

“Apparently, what the Office of the Mayor did was to enforce a cease and desist order stating that there is a construction activity within Cebu base port or the port that has no business permit,” said Sepulveda, raising the concern if such act was justifiable or reasonable.

It was highlighted that CPA, under RA 7621, is an autonomous regional port body, and under the National Building Code or PD 1096, a building official’s legal authority is only under its territorial jurisdiction.

In conclusion, Capitol lawyers said CPA ports are outside the territorial jurisdiction of the City of Cebu and under the law, it has the exclusive jurisdiction and control over port management or any activity including the construction of  any facility, structure or building inside the port area.

With this, Garcia assured CPA officils that she will stand and support them, disclosing that she already told Transportation Secretary Jaime Bautista that Cebu Province will take a stand on this issue since if this will be tolerated, it will not only affect the province and the region, but the entire country being a maritime hub.

She stressed that LGUs and mayors respect the authority of CPA within its jurisdiction and in the implementation of projects, including the cities of Lapu-Lapu and Mandaue accordingly, as they “respect and recognize CPA’s authority.”

Capitol also said the creation of CPA, which is the only independent port in the country, is a result of the hard work of congressmen, thus Garcia said the CPA needs to be supported. She also urged CPA to uphold their rights and authority.

“Kining ato gihimo, atong gibarugan ang balaod. Enough is enough. Nag apil-apil ang Mayor sa teritoryo nga wa siyay labot. Dili na iyang kingdom. Nay’ balaod, a special law passed by Congress that bestows upon Cebu, only Cebu, has its own port authority, “ added Gov.Garcia.

The Capitol also told CPA to take action, otherwise the former will also take action against them for not performing their duties.

In response, CPA’s Commendador assured Garcia that legal action will be taken against the Office of the Mayor of Cebu City.

“We strongly condemn these flagrant acts of oppression, harassment, grave abuse and usurpation of authority, and blatant disregard of the law and judicial processes committed by men and women in the seat of power who publicly display knowledge of the law yet conceal a weak ethical core,” Commendador said.

On the other hand, the Capitol officials clarified that they are not tagging the whole Cebu City government in the issue since they do not know if the City Council has passed a resolution supporting what the mayor’s office has been doing.

Meanwhile, according to Cebu City’s News and Information team, Mayor Rama has warned Gov. Garcia of the possible consequences if she continues to further meddle in the city’s affairs.

Apart from Garcia’s press conference, Rama has reportedly received a letter addressed to the Cebu Police Provincial Office (CPPO) from Gov. Garcia and have asked them to intervene in the rift between the City and the Cebu Port Authority (CPA) concerning the wharf project at the back of the NMP-Cebu.

“The role of the governor is in the province, simple as that. Having to expand that role in the city albeit, it does not go well when it comes to respect of true territorial jurisdiction,” Rama said in a press conference at his office yesterday.

Lawyer Jerone Castillo, city budget officer and one of the mayor’s legal consultants, said he considers Garcia’s intervention as a “cause for alarm.”

“That is alarming to us because we are a highly-urbanized city. I think respect dictates that you limit your jurisdiction wherever you ought to be exercising it,” he said.

Castillo said he and the rest of the mayor’s legal consultants have begun studying the possible remedies that they will pursue.

Mayor Rama is also warning local police that they would violate several laws if they enforce Garcia’s order and urged police officials to “be mindful not just of the governor expanding her jurisdiction, but also the right of the mayor.” — (FREEMAN)