Gullas urges Talisay execs to abide by DOJ opinion
May 1, 2005 | 12:00am
CEBU Cebu first district Rep. Eduardo Gullas advised Talisay City officials to abide by the opinion of the Department of Justice (DOJ) over the possible issuance of a special patent in favor of Cebu City.
In a press conference the other day, Gullas said even if the DOJ is not the final adjudicating body on the matter, its decision should be followed at this time but without "prejudice" to Talisays right to raise the issue later to the appropriate bodies, as the DOJ also suggested.
Gullas said he has called on the Department of the Interior and Local Government to "convene" a joint session of the councils of Cebu City and Talisay City to tackle the settlement of boundary disputes between the two cities, in accordance with the Local Government Code.
Justice Secretary Raul Gonzales, in a legal opinion, said the law provides a settlement of disputes involving a component city and a highly urbanized city be referred to the councils concerned.
The Local Government Code also stipulates that in case the councils fail to reach an amicable settlement within 60 days, it would be the time for Talisay to raise the issue to the courts, said Gullas.
Cebu City Vice Mayor Michael Rama said the city council will wait for instructions from the DILG central office for the conduct of the joint session, adding though that he is unsure if the dispute would be settled at this level within the prescribed period.
Talisay Vice Mayor Aberdovey Belleza was not available for comment.
Gullas appeared calm and seemed resigned to the possibility that Cebu City may eventually obtain the patent to the entire 295 hectares of the south reclamation project (SRP).
SRP manager Nigel Paul Villarete later told reporters that he was not happy with the DOJ opinion.
"If you ask me if Im happy with this opinion, Im not. I feel relieved but not happy. The damage has been done already," he said.
The opinion covered the same points Cebu City raised in its memorandum to the DOJ, and those previously raised to the Talisay City council, said Villarete, adding that territorial jurisdiction has been confused with ownership, which is a distinct matter.
A favorable opinion from the DOJ is not an assurance that a patent or land title ownership of SRP will be issued to Cebu City "because we are dealing with a party (Talisay City) that is very shrewd and hard to deal with," Villarete said.
Gullas, meanwhile, said House Resolution 683, which he filed last month, has now "acquired not only relevance but urgency to resolve the conflict between adjacent local government units."
The resolution directs the House committee on natural resources to conduct an inquiry into the method used by the National Mapping and Resources Information Authority (Namria) in delineating and delimiting the municipal waters of the cities of Cebu and Talisay.
Gullas said a Namria report stating that only 2.087 hectares of the SRP have encroached into the waters of Talisay was "prejudicial to the interest of the constituents of Talisay City."
With the DOJ opinion, Gullas urged Mayor Tomas Osmeña to make good his vow to reopen the south coastal road to the public.
Osmeña and Villarete, however, reiterated that security concerns were the primary reasons why the road was closed, although some quarters believe it had something to do with Cebu Citys feud with Talisay City.
Meanwhile, Agriculture Secretary Arturo Yap, who was here the other day for the 3rd National Vegetable Congress at the Marriott Hotel, said he would ask President Arroyo to do something about the road closure that has affected the business sector.
He said the south coastal road cuts down travel time, benefiting traders, especially those bringing fish and vegetables from the south. With Garry Lao and Liv Campo/ Freeman News Service
In a press conference the other day, Gullas said even if the DOJ is not the final adjudicating body on the matter, its decision should be followed at this time but without "prejudice" to Talisays right to raise the issue later to the appropriate bodies, as the DOJ also suggested.
Gullas said he has called on the Department of the Interior and Local Government to "convene" a joint session of the councils of Cebu City and Talisay City to tackle the settlement of boundary disputes between the two cities, in accordance with the Local Government Code.
Justice Secretary Raul Gonzales, in a legal opinion, said the law provides a settlement of disputes involving a component city and a highly urbanized city be referred to the councils concerned.
The Local Government Code also stipulates that in case the councils fail to reach an amicable settlement within 60 days, it would be the time for Talisay to raise the issue to the courts, said Gullas.
Cebu City Vice Mayor Michael Rama said the city council will wait for instructions from the DILG central office for the conduct of the joint session, adding though that he is unsure if the dispute would be settled at this level within the prescribed period.
Talisay Vice Mayor Aberdovey Belleza was not available for comment.
Gullas appeared calm and seemed resigned to the possibility that Cebu City may eventually obtain the patent to the entire 295 hectares of the south reclamation project (SRP).
SRP manager Nigel Paul Villarete later told reporters that he was not happy with the DOJ opinion.
"If you ask me if Im happy with this opinion, Im not. I feel relieved but not happy. The damage has been done already," he said.
The opinion covered the same points Cebu City raised in its memorandum to the DOJ, and those previously raised to the Talisay City council, said Villarete, adding that territorial jurisdiction has been confused with ownership, which is a distinct matter.
A favorable opinion from the DOJ is not an assurance that a patent or land title ownership of SRP will be issued to Cebu City "because we are dealing with a party (Talisay City) that is very shrewd and hard to deal with," Villarete said.
Gullas, meanwhile, said House Resolution 683, which he filed last month, has now "acquired not only relevance but urgency to resolve the conflict between adjacent local government units."
The resolution directs the House committee on natural resources to conduct an inquiry into the method used by the National Mapping and Resources Information Authority (Namria) in delineating and delimiting the municipal waters of the cities of Cebu and Talisay.
Gullas said a Namria report stating that only 2.087 hectares of the SRP have encroached into the waters of Talisay was "prejudicial to the interest of the constituents of Talisay City."
With the DOJ opinion, Gullas urged Mayor Tomas Osmeña to make good his vow to reopen the south coastal road to the public.
Osmeña and Villarete, however, reiterated that security concerns were the primary reasons why the road was closed, although some quarters believe it had something to do with Cebu Citys feud with Talisay City.
Meanwhile, Agriculture Secretary Arturo Yap, who was here the other day for the 3rd National Vegetable Congress at the Marriott Hotel, said he would ask President Arroyo to do something about the road closure that has affected the business sector.
He said the south coastal road cuts down travel time, benefiting traders, especially those bringing fish and vegetables from the south. With Garry Lao and Liv Campo/ Freeman News Service
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