‘Drop zoning ordinance changes’
The Capitol submitted a position paper requesting the Cebu City Council to abandon its amendment of the city’s zoning ordinance that would bar the province’s development of lots in the Banilad-Talamban area, including the Ciudad project.
The position paper was referred to the council’s committee on laws and traffic for study.
The Ciudad project, stalled since 2009 amid a conflict between then mayor Tomas Osmeña and Gov. Gwendolyn Garcia, has a chance of being revived with ongoing talks between the city and provincial government.
The amendment made last May 2009 in the 1996 Cebu City zoning ordinance declared that all lands acquired under the Friar Land Act should be used only for the purpose for which they were acquired.
The Capitol’s position paper cited three reasons why this amendment should not be allowed.
Province officials denied that developments in the Ban-Tal area would worsen traffic and said some businessmen and barangay officials “silently” opposed the amendment.
“Hindering development in any part of the city is obviously not the solution to a traffic problem; widening of roads or finding other routes is,” they said.
They also said the planned amendment would curtail property rights of land owners, hinder development in the Banilad-Talamban area and oppress enforcement of the government’s police power.
In its position paper, the province said the late president Ramon Magsaysay signed a proclamation revoking an order issued by American Gov. General Francis Burton Harrison that reserved the Banilad Friar Lands Estate for public use.
The president’s order for the disposal of lands in the Banilad-Talamban area are based on the provisions of the Friar Lands Act and other applicable laws.
“The curtailment obviously forced upon by this ordinance is tantamount to taking without just compensation” the province said.
The Provincial Board earlier authorized Cebu Gov. Gwendolyn Garcia to file a petition for declaratory relief in court to challenge the validity of the amended city zoning ordinance. Correspondent Fatrick Tabada
