Amid compania Maritima ownership row: Rama demands taxes from CPA

CEBU, Philippines —  Amid the ownership tug-of-war between the Cebu City government and the Cebu Port Authority on the Compania Maritima, Mayor Michael Rama has ordered City Hall departments to collect whatever dues from the port authority.

Rama announced this during the flag ceremony yesterday, saying CPA is making a mess over Compania Maritima when it already looks nice and clean.

“Gigubot pa ang Compania Maritima nga nindot na kaayo. Hala, gusto ninyo, CPA? Alsaha na ninyong Compania Maritima. Tutal, gift man na. Wa mo kabantay? Gift na. Usa na ka wrap. Alsaha, ibutang sa inyoha. Nideklarar na kog gubat,” Rama said.

The mayor added that CPA was nowhere in sight when the historical building was filthy and unsafe.

“Mayor si Tommy (Osmeña), bise ko… Kami naghinlo ana. Diin man sila?” said Rama, recalling that Osmeña wanted to make it a marine museum.

Rama wished that then CPA general manager Edmund Tan was still around as they, according to him, both shared the vision of preserving the ruins for their heritage values.

But with the current situation the city is in, Rama said a battery of lawyers is currently studying the matter for possible legal action.

While still finalizing their next legal move, Rama is calling on the different departments to join forces and get their dues from CPA.

“City treasurer, city assessor, business permit, CITOM, police, we should all be one in fighting against whoever would want to intrude police power, eminent domain, and right of taxation. Nobody should be above that inherent power,” Rama, a lawyer, said.

“Dili pwede nga ato lang tan-awn ang ilang pag-apil-apil,” he added.

Court Battle

To recall, the Regional Trial Court  Branch 10 in Cebu City on December 23, 2022 granted the petition for a Writ of Preliminary Injunction filed by CPA in a 15-page order penned by Judge Soliver Peras.

The actions taken by the CPA did not sit well with Rama and Vice Mayor Raymond Alvin Garcia.

According to historical accounts, the Companía Marítima building or the Marítima Ruins is a neoclassical heritage building built in 1910.

It was one of the first buildings constructed in the city's port area.

In July 2015, the CPA represented the State in the filing of a complaint for an injunction. The State, through the Office of the Solicitor General, filed the complaint in a bid to recover the building, which sits on a 42,000-square-meter property behind the executive building of City Hall.

The Republic, represented by the CPA, claimed that the Compania Maritima Area forms part of the Baseport of Cebu, specifically Berths 28 and 33, and as part of the port. It belongs to the State and it is currently under the control of CPA.

The city government, on the other hand, claimed that the CPA does not have the right in esse because “since time immemorial, especially from the time of its creation in 1964, the City of Cebu, through its City Engineer, has been given the power of administration over its territories, including the ports.

“While Republic Act 3857 grants corporate powers and administrative powers to the City of Cebu, including the administration and management of ports, this ceased to be so, upon the creation of the Philippine Ports Authority (PPA) in 1974,” the court ruled.

The court added that Philippine Ports Authority (PPA) is in control of the financing, management, and operations of all public ports throughout the Philippines.

However, with the creation of the Cebu Ports Authority (CPA), port management of the Port of Cebu falls within its sole jurisdiction.

The court also disagreed with the argument of the city government that there is no substantial invasion of rights of the CPA.

“The infrastructures or improvements introduced by the City of Cebu within the contested premises constitute material invasion, as this deprives the Cebu Port Authority not only of the physical possession of the property but also binders to exercise of any acts of administration within the same,” said the court. – JMD (FREEMAN)