CEBU, Philippines - The Cebu Provincial Board deferred yesterday the passage of resolutions that grant authority to the governor to enter into separate agreements with Cebu Property Ventures Development Corporation and Filinvest Land, Inc. regarding the grant of roads right of way.
The agreements will provide the guidelines in an effort to address the issue on the perimeter fence located along W. Geonzon Street inside the Cebu I.T. Park in Barangay Apas that was the source of friction between CPVDC and FLI.
The PB had the two resolutions calendared for approval during its session yesterday, but Board Member Peter John Calderon, who sponsored the resolutions, requested for deferment due to “minor” revisions to the Memorandum of Agreement that needed to be made.
“There are still some loose ends nga atong gi-work. Gi-defer nato maybe next week basin mahuman na ang revisions sa MOA, based on the suggestions sa board members,” he told reporters.
The PB had passed similar resolutions authorizing Governor Hilario Davide III to enter, sign and execute on behalf of the province separate MOAs with CPDVC and FLI during a PB special session December last year.
Calderon said the governor wanted to sign the final MOAs since there were still negotiations made after the passage of the resolutions last December.
“Wa man nahuman negotiations ato, abi namo mahuman…. Naniguro lang gyod si Gov kung unsay maapruban diri kato na gyod final,” he said.
If the resolutions are approved, the agreement would have CPVDC agreeing to provide perpetual pedestrian access and limited vehicular access for ingress and egress to and from the Cebu I.T. Park using W. Geonzon Street and grant road right of way through all the roads inside the Cebu I.T. Park subject to conditions set by CPVDC.
For its part, the Capitol agrees to provide CPVDC additional access points to and from the Cebu I.T Park by granting CPVDC a perpetual road right of way through certain points in Salinas Drive and Gov. Cuenco Avenue, subject to certain terms and conditions.
The Capitol and FLI, on the other hand, would also introduce amendments to their build-operate-transfer agreement.
The province had entered into a BOT agreement with FLI to establish a P1.76 billion BPO complex in the 12,290-square-meter Capitol property beside the Cebu I.T. Park.
A provision of the BOT agreement states that the province undertakes to give FLI access and passage through W. Geonzon Street.
CPVDC, however, did not agree to this and even built a fence right beside the street to properly delineate the boundary between the Cebu IT Park and the property FLI was developing.
The CPVDC and AsiaTown I.T. Park Association Inc. had filed a civil case for injunction before the court to stop FLI from demolishing the fence, which separates their property from FLI Cebu Cyberzone Project.
Cebu City government also declared the perimeter fence a “public nuisance,” a move which the CPVDC and AITPAI said has deprived them of due process and opportunity to defend.
CPVDC and AITPAI had contended that the fence cannot be declared as a “public nuisance” and that they have clear legal rights to protect their property. (FREEMAN)