Friday, April 13, 2007 Thus Cebu City lawyers tell court, arguing against a temporary restraining order By Katrina N. Tabaanao Sun.Star Correspondent
CEBU City Hall lawyers argued yesterday that President Arroyo should be impleaded in the case filed by Tinago Barangay Captain Joel Garganera against Mayor Tomas Osmeña and two offices in relation to the marketing, selling, disposing of or leasing the South Road Properties (SRP).
Lawyer Joseph Bernaldez told Regional Trial Court Judge Soliver Peras that the President should be included in the case because Garganera is questioning the acts of Arroyo, who issued Proclamation 843 that transferred the ownership of the SRP to the City Government.
Garganera, in his complaint, cited the Supreme Court decision in Laurel vs. Garcia, which declared that “it is not for the President to convey real property of the government on his or her own sole will. Any such conveyance must be authorized and approved by a law enacted by Congress. It requires executive and legislative concurrence.”
Basis
This was his basis for his argument that the SRP is classified as lands of the public domain, which means that it is owned by the state.
City lawyers also said the Department of Environment and Natural Resources should also be included in the case because it was the agency that issued Special Patent 3693 of the 24-hectare SRP.
The Cebu Investment Promotions Center and the Register of Deeds were also named in the case.
The City Hall lawyers likewise argued that this case cannot be considered a taxpayers’ suit but a case of reversion, therefore it is the solicitor general who should file a case against the City and not Garganera.
Moreover, Garganera’s prayer for a temporary restraining order (TRO) should not be granted because the village chief himself disclosed that he will not benefit from the filing of the case.
“A TRO should be issued if there is irreparable injury to the complainant. In this case, what kind of injustice is he talking about?” lawyer Ben Militar said.
Militar also explained that contrary to Garganera’s claim, the taxpayers are not affected because no additional taxes were imposed on them because of the SRP.
The City is spending about P1 million a day in interest alone for the about P6.3-billion Japanese Government loan spent for the SRP.
In his complaint, Garganera said the SRP cannot be alienated, encumbered or otherwise disposed of in a manner affecting its title except when authorized by Congress.
And even if the City was given congressional authority to convey the lands, these can be sold only to qualified private parties and never to private corporations and associations, he said.
Also, Garganera said, assuming that legislative authority was granted, the City can lease to private corporations, but subject to limitations set by the Constitution.
Intervention
Meanwhile, the Association of Barangay Councils (ABC) Cebu City chapter filed a motion for leave to file an intervention.
ABC lawyer Julius Ceasar Entise said they wanted to intervene as they will be adversely affected if the court will resolve the case in favor of the petitioner.
The ABC building is at the SRP.
Entise explained that if the ownership of SRP reverts to the National Government then all structures within it will also be returned.
Peras directed Garga-nera’s camp to file their comment on ABC’s motion as he also directed both parties to submit their position papers in five days.
Vice Mayor Michael Rama, together with Councilors Jocelyn Pesquera, Sylvan Jakosalem, Hilario Davide III, was at the hearing.
In the later part of the hearing, Pesquera entered her appearance as counsel for the City.
Garganera was also present.
He wants the court to prohibit the City Government from selling, disposing of or leasing SRP because this “may open the floodgates of lawsuits arising” from their alleged illegal transactions.
