Repeal Ordinance 2332 for a fresh start

There may be one good thing that the members of the Sanggunian Panlungsod of Cebu City, whose term ends at noon of June 30 this year, can do. This is to revisit Ordinance No. 2332, entitled “An Ordinance Protecting The South Road Properties And Its Stakeholders From Unlawful and Unauthorized Transactions And Dealings”. The idea is for them to reflect carefully on the soundness of this local law shorn of the hidden political agenda that it could have originally been anchored upon.

For the record, this ordinance, one of only 27 passed and approved by the city council for the entire year of 2013, (compared to the production of Mandaue City council at 124) was authored by Hon. Noel Wenceslao, The two other councilors allied to the honorable Cebu City Mayor Michael L. Rama, namely Hon. Jose Daluz, III and Hon. Eduardo Rama Jr., were then on official leave while Hon. Edgardo Labella, the third SP member who leaned on the city administration, was, for reasons beyond me, “out” when the voting was done.

The title is so coined in a most laudable language that it immediately displays the protective wings of the city legislature against improper dealings involving the reclaimed land in the south district. But, beyond this linguistic work of art, we need to divine the collective thought process of the city council when among the whereas clauses it wrote into the ordinance was “the current development plan of the City of Cebu, duly approved by the Sanggunian Panlungsod, does not include the sale or disposition of property in the South Road Properties whether by public auction or otherwise”.

I could not get hold of a copy of the said development plan probably because none exists. Even then, I would not wonder why this so-called development plan could not have honestly been articulated for, to me, it would unduly transgress the accepted legal domain of the city executive. It is difficult to believe that given the respective parameters of authorities of both the office of the city mayor and the city council, already enshrined in our statute books and jurisprudence, the latter would still attempt to sally into the known prerogatives of the former.

The information unleashed to the public preceding the passage of this ordinance revealed its true purpose. There was no doubting that its sole (and announced) objective was to tie the hands of the sitting mayor from alienating portions of the reclaimed land.  Without the projected sales revenue being realized, the mayor could not pursue projects aimed to generate massive electoral support. In other words, the purpose of the ordinance was to prevent the city from earning the kind of huge sales revenue available for the enhancement in the delivery of basic services.

There was, of course, rumor that a previous real estate transaction of this nature funneled unto someone's pocket a hefty commission. True or not, the rumor continued that precisely to prevent such a similar transfer of huge financial SOP to another person in the shape of the sitting mayor, (funds that could be persuasive in the last polls), this ordinance was crafted.

Those reasons predicating the passage of Ordinance No. 2332, were one, selfish on the part of the dominant council and two, of doubtful legality. That no one contested it before the courts of law was perplexing such that I could not help recalling the Burke quote “the only thing necessary for evil to triumph is for good men to do nothing”.

Be that as it may, now that those objectives of the ordinance have been achieved and to be realistic about it, mooted, the Sanggunian Panlungsod can rectify itself. It can undo a perceptively grave wrong. Without need of kilometric explanation, it can simply enact a repealing ordinance and put Ordinance No. 2332 to the enclaves of our forgotten local pieces of legislation. They can do this before a new council takes over.

Likewise, it is very timely. To show to us, the electorates, that the political skirmishes we witnessed are thru, the city council can initiate in extending its conciliatory gesture with the repeal of this ordinance. From then on, they can join their minds in promoting our common welfare.