Undue advantage may have been extended to Fifth Avenue Development Corp. with the issuance of an opinion by the Cebu City legal office, which favored the implementation of their P1.2-billion Cuidad project along Governor Cuenco Avenue.
“This is like giving undue advantage to a private individual,” said Councilor Edgar Labella, chairman of the Cebu City Council committee on laws.
Labella said if proven, this could be grounds for charges of violation of the Anti-Graft Law.
But Labella said the city should refrain from making any comments on the matter since a similar case is pending before Branch 58 of the Regional Trial Court.
The Alliance of Barangay Apas Community Association (Abaca) sought a court injunction on Capitol’s plan to take back the property they occupy.
The lot, part of the Central Command compound, is covered by the Friar Lands Act, said Labella.
“If we dwell on the merits, we may be faced with legal ramifications,” Labella told the councilors.
The legal opinion dated July 25 said there is no provision of the ordinance that prohibits development, commercial or otherwise, along the Banilad-Talamban area.
The opinion titled “Legal Opinion on Cebu City Ordinance No. 2193 in relation to the proposed Cuidad project” was issued after City Administrator Jose Mari Poblete wrote the legal office on July 12 to request for the opinion.
The opinion was signed by city lawyers led by City Attorney Joseph Bernaldez.
Labella said City Ordinance no. 2193, which devotes the use of friar lands along the Banilad-Talamban corridor for public use, remains in effect.
The councilors agreed to hold an executive session with city lawyers today to discuss the opinion.