Cebu local news (daily update)

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Registry of Deeds certifies title for Ciudad project even with erasures

THE title of the lot where the Ciudad project will rise is valid, the deputy chief of the Cebu City Register of Deeds declared yesterday.

The Department of Environment and Natural Resources (DENR) has not canceled today’s public hearing for the environmental compliance certificate (ECC) application of the project’s proponents.Rep. Tomas Osmeña (Cebu City, south district) earlier asked the DENR to suspend processing of Ciudad’s ECC, saying the lot title of the project’s site that was submitted by the project’s proponents is allegedly fake.

Osmeña said the title of the land occupied by the National Grains Authority, now National Food Authority (NFA), is stamped “canceled.” He added that he has acquired a copy of Transfer Certificate of Title No. 125869.

He said the document that Fifth Avenue submitted to DENR was allegedly not stamped “canceled” and contains, instead, the certification that “is an existing title or not yet canceled as of this date.”

Ciudad is a joint venture of the Provincial Government and private developer Fifth Avenue Property Development Corp.

The P1.2-billion residential and commercial development will rise on Province-owned lots located along Gov. M. Cuenco Ave., Cebu City—what is known as the Banilad-Talamban corridor. The land occupied by the NFA is part of the area to be developed as Ciudad.

Erasures

Lawyer Benedicto Taylan, deputy chief of the Cebu City Register of Deeds, said the lot title of the Ciudad site remains valid despite erasures and marginal notes on the document.

Provincial Attorney Marino Martinquilla showed Sun.Star Cebu TCT No. 125869.

The word “cancelled” on the top left portion of the document was erased by correction fluid. On the second page of the document are the annotations—“Deed of Donation of Real Property by the Province of Cebu to National Grains Authority (now NFA)” and “This title is hereby cancelled and in lieu thereof TCT Nos. 162713-15 are issued”—which were enclosed in brackets and marked “withdrawn.”

“TCT 162713-15 was never issued,” said Taylan.

Taylan confirmed the erasures and marginal note “withdrawn” on the title.

Withdrawn

He said the note “withdrawn” referred to the two annotations regarding the lot donation to the NFA and issuance of a new title because the donation was not consummated. But he said he does not know why the donation was made official.

Martinquilla told Sun.Star that the donation to NFA was not consummated because the deed of donation was not signed by the President of the Philippines.

Barangay Apas and Fifth Avenue officials said the public hearing will be conducted as scheduled.

Cebu City Vice Mayor Joy Augustus Young said the DENR 7 should iron out the kinks in documentary requirements related to the ECC application of the Ciudad project before conducting a public hearing.

He said DENR has a memorandum that it will not start processing ECC applications unless all documents are submitted and cleared.

Martinquilla revealed that when Fifth Avenue first applied for the project’s ECC, the DENR returned the title of the lot because it was marked “canceled.”

But he said Fifth Avenue was able to obtain certification from the Registry of Deeds, signifying the validity of the title.

The ECC is the last requirement that Fifth Avenue needs to secure a building permit.

But Young and Osmeña said they have another basis to stop the project. They pointed out that there is a pending case in court blocking Ciudad’s implementation.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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‘Budget for P50 million barge ought to be used as deposit for 93-1

THE amount allocated to buy a barge is the same amount that Vice President Jejomar Binay proposed for the City Government to give as deposit to finally settle the 93-1 issue.

Rep. Tomas Osmeña (Cebu City, south district) criticized Cebu City Mayor Michael Rama's 2012 budget proposal worth P11.8 billion for having an allocation of P50 million for the purchase of a barge under motor vehicle outlay.“Rama finds a barge more important than 5,000 urban poor families,” said Osmeña.

He said Rama “ignored” the recommendation of Vice President Jejomar Binay for the City Government to give P50 million to the Cebu Provincial Government as “goodwill deposit,” until such time the 93-1 issue is resolved.

The issue involves about 5,000 Cebu City constituents living on Capitol properties that are covered by Provincial Ordinance 93-1. The 1993 ordinance, which involves the disposition of Province-owned lots, allows Cebu City residents to own Capitol properties that they have been occupying for some time, after paying in full the amortization on the property in two years.

When the two-year period lapsed, a 10-year extension was granted by Capitol, but this, too, expired and barely half of the occupants have fully paid the properties in question.

Rama said the goodwill deposit need not be specified in the proposed 2012 budget because the City may not have to pay the sum.

He said there is a P100 million housing allocation in the budget.

But a reporter pointed out to Rama that the allocation is for the housing project for City Hall employees.

Rama said this could be re-aligned.

Lot acquisition

Besides, he said, the City Government may no longer be involved in the 93-1 issue anymore because some beneficiaries want to deal directly with the Capitol.

But Sun.Star Cebu found an appropriation of P50 million for lot acquisition of Province-owned lots in the 183-page proposed 2012 budget.

City Administrator Jose Marie Poblete said Rama wants to lift the morale of City Hall employees, which is why aside from a housing program, the City Government also has an allocation for a bailout program worth P50 million.

The bailout program aims to help employees pay off debts, subject to guidelines.

Loan

The proposed budget also includes more than P550 million as loan payment for the South Road Properties (SRP), which is a regular annual allocation.

But there were some items in the proposed budget that Councilor Margarita Osmeña, the chairperson of the committee on budget and finance, noticed were “redundant” and
“inconsistent.”

Councilor Osmeña questioned the proposed allocation of P150 million for a new Cebu City Medical Center (CCMC) building, saying the hospital does not have space for it.

CCMC chief Gloria Duterte earlier told Sun.Star Cebu that when the Japan Bank for International Cooperation aid comes in, CCMC will construct another building across the existing facility, where the Bureau of Fire Protection (BFP) 7 is located.

Questions

BFP 7 occupies a lot owned by the City Government.

If this was the case, Councilor Osmeña wondered why there was a P30-million allocation to improve the building of the fire department and another P30 million for the building of a new fire department.

The councilor also questioned items for different master plans for the SRP, traffic management, Coastline Management Board, downtown, upland, various projects and maintenance of drainage amounting to P105.5 million.

SRP Management has a proposed budget of P150 million while improvement of its entertainment block is projected to cost P20 million.

The Rama administration also wants to construct a terminal worth P70 million.

Rama, in a press conference yesterday, said he wants to renovate the ninth floor of the executive building to be used by the different offices. Under the proposed budget, this would cost P10 million.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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3 cops face robbery-extortion raps

THREE policemen from the Talisay City Police Office are facing robbery-extortion charges for allegedly demanding money from the family of a woman they arrested for carrying illegal drugs.

The money was allegedly in exchange for dropping or downgrading the drug case against her.The military ombudsman indicted PO2s Roy Sarsaba and Martin Gorosin III and PO3 Eric Enad for robbery-extortion, which is punishable under Article 294 of the Revised Penal Code.

Bail

Bail was set at P100,000 each.

The three policemen denied the allegation, saying they were somewhere else when National Bureau of Investigation (NBI) 7 agents carried out the entrapment on Aug. 17, 2009.

“What makes the complaint credible and more reliable is the participation of the NBI operatives, who attempted to entrap the respondents but appeared to have been cleverly avoided by the latter,” Graft Investigator Avelino Macamus Jr. said in a resolution.

Sarsaba, Gorosin and Enad allegedly used their mobile patrol to escape.

Complainants Elvincito Baguio and Analou Nacario said the policemen were conducting a saturation drive against illegal drugs in Barangay Tanke, Talisay City on Aug. 14, 2009.

The policemen spotted a certain Maridel Obrero holding a small pack of suspected illegal drugs. Obrero was subsequently arrested.

PO2 Sarsaba allegedly called Maridel’s mother Rizalina, but it was Baguio who answered the call.

Alleged negotiation

Sarsaba allegedly told Baguio to come up with P100,000 so they could drop the drug case against Maridel, according to the charge sheet.

Baguio told Sarsaba they could only raise P50,000. The policemen allegedly agreed, but told the family a lesser drug offense would still be filed against Maridel.

Instead of a complaint for selling dangerous drugs, she would only be charged with possession of illegal drugs.

Section 5 (selling of dangerous drugs) of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, is a non-bailable offense.

Maridel’s family sought the help of the NBI 7, which facilitated the entrapment.

NBI 7 agents proceeded to a Talisay City gym, while other operatives accompanied
Baguio on board a taxi.

The agents saw Sarsaba in front of the Talisay City Police Station. He and his two companions later boarded their mobile patrol and proceeded to the gym.

While Baguio waited near the gym, the mobile patrol arrived. Sarsaba allegedly instructed him to get in.

Baguio confirmed that he gave the P30,000 marked money to Sarsaba, who allegedly turned it over to Enad.

They allegedly asked Baguio to get out of the vehicle, and then sped off.

The NBI 7 agents went after the mobile patrol but could not catch up after the policemen used the siren and blinkers to escape.

Not reliable

The NBI 7 agents went to the Talisay City Police Office and told former city police chief Henry Biñas about their operation.

They asked Biñas to produce the three policemen, but the latter told them he would order the accused to report to the provincial police director for investigation.

Sarsaba, Gorosin and Enad, in their counter-affidavit, said their supposed victims are in the watch list of drug personalities.

They said the NBI 7 should have made a thorough verification before carrying out the operation.

Graft Investigator Ma-camus, however, gave weight to the complainants’ version of the story.

“What appeared to have happened was that respondents (police officers) merely used the threat of their possible changing of facts to file the non-bailable offense in order to intimidate the complainants and extort money from them,” Macamus said.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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Technicality foils petition to recall execs

THE Commission on Elections (Comelec) en banc declared the recall petition against the vice mayor of Danao City and his nine councilors as insufficient.

It said each petition should be supported by separate signature sheets referring to the official sought to be recalled.

The players

Danao City Mayor Ramon “Boy” Durano Jr. and City Administrator Jesus Durano filed the petition last Aug. 19 against the mayor’s brother, Vice Mayor Ramon “Nito” Durano III, and City Councilors Cynthia Duterte, Carmen Remedio Meca, Alejandro Lawas, Jose Thaddeus Roble, Jorge John Cane, Marilou Camaongay-Flores, Roland Reyes, Jovelina Enriquez and Miguel Magpale for loss of confidence.

The city election officer had also recommended declaring the petition as insufficient for two reasons: it was directed not at one but several elected officials and the signature sheets deviated from the prescribed format.

This prompted petitioners to file an amended petition, in which a petition for each official was submitted.

“However, no new signature sheets of the supporting petitioners were submitted,” the Comelec en banc quoted the city election officer in its order.

Unanswered calls

Councilor Cane, in an interview, echoed the Comelec en banc’s sentiment.

He said the petitioners can no longer amend and file their petitions again, citing the Local Government Code of 1991.

It provides that an elected official can only be the subject of a petition once during his term.

Calls to Atty. Gloria Lastimosa-Dalawampu, the petitioners’ counsel, were unanswered.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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Tejero chief unsure about accepting P5T allowance from City Hall

WHILE most barangay captains are happy the Cebu City Government will be giving them a monthly allowance, one official is hesitant to accept it.

Tejero Barangay Captain Jessielou Cadungog wrote Councilor Margarita Osmeña about Mayor Michael Rama’s earlier announcement.The mayor had said barangay captains would receive a monthly allowance of P5,000 each, while barangay councilors would get P3,000 each.

“It will be hypocrisy if I say I don’t want the idea of the mayor. But as the barangay captain of Tejero, if there are funds available, my first priority are projects for the barangays that will benefit most of my constituents if not all,” read Cadungog’s letter to Osmeña, committee on budget and finance chairperson.

The letter was tackled during the council’s regular session last Wednesday. The council decided to refer the matter to the mayor’s office “with urgency” and to the Association of Barangay Councils.

Cadungog was also worried the Commission on Audit (COA) might disallow the allowances.

He said it may take COA two to three years to rule on the legality of the allowance
and by then, a barangay captain will have accumulated P180,000 in allowance for three years and it will be difficult to reimburse.

In 2001, COA disallowed the realignment of the barangays’ calamity and gender and development funds for bonuses of barangay employees.

The second supplemental budget this year appropriated P28 million for the allowance of barangay officials.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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13 LGUs unite for ‘livable’ Cebu

THIRTEEN cities and towns in Cebu will work hand-in-hand to create a “livable city-region.”

The Metro Cebu Development Coordinating Board (MCDCB) will pursue this goal based on the recommendations of experts from the IBM Corp.Cebu Gov. Gwendolyn Garcia expressed her gratitude to IBM for choosing Cebu as one of the 11 cities in the world where the company offers services related to urban development.

She said IBM came at an opportune time after the private sector, national government agencies, and 13 local government units (LGUs) of the province have committed to work together to address common issues and concerns under the MCDCB.

She said IBM offered valuable insight during the MCDCB full council meeting yesterday morning that would be useful in coming up with a common vision of the board and Metro
Cebu, and in charting a common direction for the LGUs.

Six executives from the technology company came up with recommendations after three weeks of working with provincial leaders, the academe, the private sector and civil society.

The team, composed of IBM leaders from the United States, Italy, Sweden and Germany, gave recommendations in three areas: MCDCB governance, land use planning and traffic management.

The IBM team is part of the IBM Executive Service Corps, the company’s philanthropic program that deploys a team of IBM top level executives to solve complex programs in cities of high growth emerging markets.

Dave Minear, one of the IBM executives, stressed the importance of an MCDCB operating model.

He said the board needs to have a clear structure and well-defined roles to operate effectively.

The MCDCB should be able to design and implement common platform and shared services, Minear said during the media roundtable discussion at the Marco Polo Plaza Hotel,
He stressed the need for the LGUs of Metro Cebu to select and share existing and emerging tools, assets and competencies that demonstrate best practices.

These tools may include geographic information system and traffic monitoring system.
“MCDCB sustainability is a critical success factor,” Minear added.

He said the board should also be able to identify common “trusted data” to be collected and shared across the region.

This “culture of trust” should be one of the frameworks of development in Cebu, he said.

To create a culture of trust, Governor Garcia said the MCDCB must show through action that it is addressing common challenges in the region.

“We can’t be acting as isolated LGUs. We must have an integrated approach, a collaborative effort,” the governor said.

Roberto Aboitiz, president of the Ramon Aboitiz Foundation Inc. (Rafi), said the MCDCB was formed so the LGUs of Metro Cebu can “develop a common vision.”

“We’ve made a conscious decision to map our future,” Aboitiz said during the roundtable discussion.

He urged the youth to help achieve the goals of the MCDCB, which seeks to address various issues hounding Metro Cebu, such as transportation and land use.

Formed last May, the MCDCB covers the cities of Cebu, Mandaue, Lapu-Lapu, Talisay, Danao, Carcar and Naga and the towns of Compostela, Liloan, Consolacion, Cordova, Minglanilla and San Fernando.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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Council decides to end gym deal

THE Cebu City Council will shorten its contract with a local fitness and wellness center for the workout sessions of the elected officials in the city, an official said.

This followed after the criticisms the city officials received for availing themselves
of unlimited workout programs at Cebu Holiday Gym and Spa using taxpayers’ money.Councilor Edgardo Labella, chairman of the council’s committee on laws, said he already asked Councilor Jose Daluz III to shorten the city official’s contract with Cebu Holiday Gym and Spa for the workout program.

Labella said the contract will last until Oct. 31 only.

“Grabe man ang public opinion gud (There was too much adverse public opinion). We really have to listen to the opinion and views of the public,” he said.

In an interview with Sun.Star Cebu yesterday, Labella said Daluz was responsive to his requests.

Daluz was the proponent of the resolution that authorizes Mayor Michael Rama to enter into and sign a contract with the Cebu Holiday Gym and Spa for the annual membership of the 20 city officials amounting to P360,000 covering the period from May this year to May next year.

The officials in the program are Rama, Vice Mayor Joy Augustus Young and the 18 councilors.

Labella said the City will be making representation to Cebu Holiday Gym and Spa informing them that the city official’s contract with them will be until Oct. 31 only.

Rama, for his part though, said he will be withdrawing his annual membership for the workout sessions.

“I will have my annual membership withdrawn. In the first place, I’ve never been able to benefit from that,” he said.

The mayor said he doesn’t need to go to a gym because he regularly plays basketball.

Aside from that, his everyday routine at work, in going from one appointment to another among others, is already like a workout for him, he said.

“Kani akong trabaho, singot kayo ni oi (My work makes me sweat a lot),” he said.

Asked to comment on Rama’s pronouncement, Young said Rama can’t withdraw his membership with the fitness center yet, since the city officials are availing themselves of a “package.”

The workout package of the city official’s include full use of the fitness center’s facilities, such as the fitness gym, boxing gym, swimming pool, jogging track, and wall climbing facility. The city officials can also attend all group exercise classes of the facility, among others.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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City only spent P300T on flooding

THE Cebu City Government has, since five years ago, only spent P300,000 out of the total required amount for the implementation of the flood mitigation and comprehensive drainage master plan of the city.

City Administrator Jose Marie Poblete said the Department of Engineering and Public Works (DEPW) said the City was only able to shell out P300,000 from its coffers since 2006 for the implementation of the city’s P552-million drainage master plan.The amount, Poblete said, covered only minor infrastructure projects that helped delay the flow of water from the mountain villages to the city.

The status of the City’s implementation of the drainage master plan was among the matters discussed during the consultative meeting of the City’s newly-formed water crisis management team.

The team is composed of Poblete, Engr. Kenneth Enriquez of DEPW, Engr. Nicomedes Leonor of the Department of Public Works and Highways, and Peter Dy of the Cebu Contractors Association among others.

The meeting yesterday was only among the series of meetings the group will hold in
order to address the flooding problem of the city.

Review

In an interview, Poblete said the group will review the drainage master plan of the city and assess what items can still or will no longer be implemented considering that the plan was adopted by the city six years ago yet.

So far, though, Poblete said all of the items included in the drainage master plan of the city are still applicable.

Yesterday, Poblete said, the team started to draft the detailed implementation plan and framework of the drainage master plan of the city, so that the drainage master plan will already be implemented next year. A P500-million appropriation has already
been included in the proposed P11.8 billion budget of the City for 2012.

Projects

Cebu City’s drainage master plan covers the construction of detention basins or mini-dams (P88 million), rainwater tanks (P15.7 million), infiltration beds and trunks (P79.1 million), improvement of water channels (P276.3 million), improvement of drainage (P89.3 million), and desiltation of waterways (P4 million).

The amount for each project includes the preparation of technical guidelines and designs, information, education and communication, and the detailed survey.

The implementation of the flood mitigation and drainage master plan was supposed to start in 2006 yet.

The rainwater harvesting, construction of detention basins and mini dams, construction of drainage trunks and infiltration beds, on the other hand, were supposed to be implemented in 2007 yet and are expected to be finished in 2020.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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Oposa suggests catching rain

INSTALLATION of rainwater collectors in the barangays will address the problems of flooding and low supply of potable water in Cebu City, said an environmentalist lawyer.

“The solution for the flooding in Cebu is not the construction of expensive drainage systems,” said lawyer and Magsaysay laureate Antonio Oposa Jr.“The installation of rainwater catchment is important for Cebu because Cebu’s aquifers are drying up. What is needed is a simple and cheap project that is beneficial to all,” he added.

Oposa said runoff water should be minimized by allowing rainwater to seep into the ground and re-charge the aquifer.

He said collected rainwater helps prevent flooding during the rainy season and serves as sources of freshwater during the dry season.

Case

Last year, Oposa filed at the Supreme Court a mandamus and Writ of Kalikasan to compel government agencies and elected officials to construct rainwater collectors in all barangays based on Republic Act No. 6716 or the Rainwater Collector and Springs Development Act of 1989.

He led the Global Legal Action on Climate Change (GLACC) in calling on the national government to formulate an effective flood control project by implementing the 22-year-old law.

As a follow up to the petition, Oposa asked the Supreme Court to approve the Memorandum of Agreement between the Department of Public Works and Highways and the Department of Interior and Local Government on the implementation of the law.

Oposa told Sun.Star Cebu in a phone interview it is important to support the agreement signed by the two agencies in June this year.

“The implementation of the law would involve all barangays in the country,” he added.

Manifest

In the manifestation he filed on Oct. 4, Oposa said that with hotter ocean temperature, the rate of evaporation of seawater is faster and that this results in the greater condensation of water vapor in the clouds and greater rainfall.

“This reality was manifested in the increased volume, frequency, and intensity of rainfall and flooding in the Philippines in the last years,” he said.

“Typhoon Ondoy was rainfall for one month that poured in one day. During the first weeks of August 2011, two major typhoons Kabayan and Lando, consecutively hit the Philippines. The devastation was yet another example of how flooding has become the norm in our country,” he added.

The solution to flooding is “the solution is simple—find a receptacle. This is the function of wetlands, ponds, and lakes. They are depressions in the ground where the excess water is collected and is stored.”

“This case is nothing but a simple reminder to the Government—from the Office of the President down to the smallest Barangay—that we do not have to suffer more Ondoys and more Pedrings,” said Oposa.

He said the agreement between DPWH and DILG, partly solves the issue but other agencies such as the Department of Environment and Natural Resources (DENR), the Climate Change Commission (CCC) should be involved by inviting them and other government officials to participate in an oral hearing before the court.

Published in the Sun.Star Cebu newspaper on October 21, 2011.

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Mandaue allots funds v. flooding

TO ADDRESS flooding in the city, the Mandaue City Council approved on first reading its second supplemental budget this year.

While a Mandaue City official defended a P114 million chunk of the P1.6 billion proposed 2012 annual budget meant for debt servicing, particularly for the payment of the new public market.The second supplemental budget, worth about P107.5 million, will be focused on improving and installing drainage systems within Barangays Maguikay, Paknaan and Basak.

Mandaue City Councilor Beethoven Andaya, who chairs the committee on appropriations, said a second supplemental budget is necessary for flood-prone areas.

Appropriations

The second supplemental budget includes a general fund of P57.6 million, market (P5 million), 20 percent development fund (P44.8 million).

Out of the P57.6 million general fund, the city plans to spend about P14.6 million for drainage installation along S. Jayme St. in Barangay Paknaan.

While it will also spend P13.1 million in drainage improvement within the National Highway area, particularly from corner Island Feedmills to Butuanon River in Barangay Maguikay.

While out of the P44.8 million 20 percent development fund, the City plans to spend about P16.1 million for drainage improvement in Barangay Basak, particularly a corner leading to Hermag Village and nearby creek towards Consuelo Village.

Aside from improvement of drainage, the second supplemental budget will also be used for the payment of personnel benefits (P11.2 million), electricity expenses (P14.5 million), cultural activities (P500, 000), for insurance expenses for the public market (P5 million) and for the acquisition of vehicles and equipment.

Loans espiring

Mandaue City Administrator James Abadia told reporters yesterday that while the city will be using P114 million from the 2012 proposed budget to pay its debts, they can easily breathe a sigh of relief as their other major loans are expiring next year.

Abadia said the payment for the new public market building is payable for 25 years, and must be paid P5 million monthly. The loan for the new public market is P333.9 million.

In the 2012 proposed budget, the city is setting aside P56 million for the payment for the new public market.

However, while the city is still paying for its new market, their P120 million debt for the payment of garbage bins will expire next year.

Published in the Sun.Star Cebu newspaper on October 21, 2011.