Despite attempt to revoke reclassification: Council upholds Carbon’s status

CEBU, Philippines — Despite the opposition from Carbon Public Market vendors, the Cebu City Council yesterday denied the proposed revocation of the zoning classification of the market, thus sustaining its commercial land use status.

Yesterday, several members of different Carbon Public Market organizations attended the regular session, which tackled their position paper regarding the zoning reclassification of the market from institutional to commercial land use.

At the same time, other members gathered at the Plaza Sugbo grounds right across the City Hall Legislative Building and held placards expressing their opposition to the reclassification, despite it already being approved by the City Council.

During the discussion, Councilor Nestor Archival, Sr. raised a motion to revoke the resolution reclassification that City Councilor Jerry Guardo authored and the City Council members, including Archival, approved last on Nov. 6. The resolution also permitted Cebu2World Development Inc. to proceed with its construction of the Cebu Market Development Phase 1B, Barracks, at the Carbon Public Market.

Archival said he had sought the complementary development plan for the market, which has yet to be presented to the council. He also raised concerns about the Joint Venture Agreement (JVA), particularly the stipulation regarding the Freedom Park, which is intended to remain unchanged.

He alleged that there is a “lack of clarity” regarding the type of building that will be constructed in the area. Although the zoning board had approved the reclassification, Archival said that it does not automatically mean the City Council must also approve it.

In line with these concerns, an executive session was already held on November 24, 2024, during which vendor representatives revealed that no public hearing had been conducted prior to the approval of the zoning reclassification.

Archival added that this was contrary to the resolution of the zoning board, dated Sept. 26, which stated that there was "no objection or opposing party that appeared" when the city zoning board held its “public hearing.”

“Whereas the newly discovered information regarding the lack of a proper public hearing conducted by Barangay Ermita, in the absence of consultation with the vendors' association, had it been presented during the regular session on November 24, 2024, may have influenced the proposal authored by Councilor Jerry Guardo,” said Archival.

He added that this is sufficient grounds to revoke and recall the approved resolution.

No objection

However, during the discussion, Councilor Jocelyn Pesquera emphasized that when the zoning reclassification application was discussed before the council, no objections were recorded, according to the minutes. She added that it was even Archival who seconded the ordinance before calling for an executive session to discuss it further.

Archival, however, argued that during the discussion, it was agreed that every requirement must be complied with, adding that currently, this has not been the case.

Councilor Joel Garganera also stated that during the executive session, representatives from Cebu2World were not given time to speak and explain their side, and were "left out."

He explained that the proper course of action would be to file a motion for reconsideration before both the zoning board and the council.

“Unya maluoy ko sa mga vendors nga naa diri nga lahi man ning issue, variance man ni,” said Garganera.

Councilor Rey Gealon also added that regarding the allegations that no public hearing was held prior to the approval of the resolution, Archival could have inquired with the zoning board as its facts were already available beforehand.

Archival, however, reasoned that it was the majority of the council who requested, during the recess of the session, to approve the resolution first before the executive session.

“Nagreklamo ning mga tawo because wala ni sila kita sa plano,” said Archival.

“We were made to understand that everything had been complied with. But it's not complied; it's very clear, it's not complied,” he added.

Pesquera, however, said that they have to stand firm on what they had approved.

Councilor Philip Zafra further explained that although they acknowledge the vendors’ concerns, the technicalities of the institutional land use of the area are intended for Freedom Park, not just for the vendors.

He added that the reclassification to commercial is meant to "correct" the designation so that it fits the current use of the area, which is now being utilized as a market. Zafra, however, said that it is the legislation's responsibility to ensure that the vendors are protected and will not face a surge in their rental fees.

“With all due respect to the Honorable Archival, ayaw ta’g bugoa intawon uy nga as if wala ta nagprotekta (sa vendors),” a frustrated Gealon explained, debunking the claim that the passage of the resolution did not consider the vendors’ welfare.

He argued that the approval followed the correct process.

Vendors’ Appeal

In his position paper submitted to the council, Erwin Goc-ong, president of the Carbon Market Vendors Development Cooperative (CEMVEDCO), pleaded with the council to "deny" the variance reclassification.

“If approved, what happened to the vendors of the much-touted successful PPP for a public market between an LGU and a mall developer in Dasmariñas, Cavite Public Market, will happen to us. This august body, elected by the people and who took your oath to defend and promote the welfare of your constituents, especially the marginalized sectors, the farmers and fisherfolks, is our hope,” read his letter.

He said they are not against the redevelopment, but against the privatization.

“This is a one-sided Joint Venture. Only this august body can rectify it and protect, defend, preserve, and promote the welfare of the people, the welfare of the vendors, the welfare of Cebu City. For the government is of service to the people,” further stated the letter.

At the end of the discussion, the council members decided to divide the house.

City Councilors Mary Ann de los Santos, Jose Lorenzo Abellanosa, Joy Young, and Archival favored approving the proposed resolution revoking the reclassification, while majority of the council members opposed the resolution. —/RHM (FREEMAN)