A LOCAL legislator has urged for the full implementation of the 93-1 land swap deal between the Cebu City Government and the Cebu Provincial Government, which was signed in 2018 but later revoked in 2021.
Cebu City Councilor Nestor Archival, in a resolution passed on Wednesday, Nov. 20, 2024, called on Mayor Raymond Alvin Garcia to facilitate the implementation of the deed of donation signed last Aug. 3, 2018.
Archival also urged the city mayor to ensure the implementation of all covenants outlined in the memorandum of agreement (MOA) between the two parties dated Dec. 7, 2016. This MOA pertains to the land swap agreement between the Province-owned lots identified in Provincial Ordinance 93-1 and the City-owned lots.
The councilor also urged Garcia to annotate the deed of donation and acceptance on all titles of properties donated by the Cebu Province in the Registry of Deeds of Cebu City, and transfer all tax declarations from Cebu Province to Cebu City.
The original agreement, signed by former Cebu City mayor Tomas Osmeña and former Cebu governor Hilario Davide III, will transfer nearly 19 hectares of city-owned lands in the South Road Properties, North Reclamation Area, and Barangay Pulpogan, Consolacion, to Cebu Province.
In exchange, the City will receive 32 hectares across 11 barangays, as well as a nearly two-hectare lot in Barangay Lahug and Capitol Site.
However, the deal was revoked by Gov. Gwendolyn Garcia in 2021 due to the lack of approval from the Commission on Audit.
In March 2022, Governor Garcia announced plans for a new land swap deal. She emphasized adherence to proper procedures to avoid legal complications. The Province aimed to turn over the 93-1 properties to the City Government in exchange for other properties and concessions.
However, in October 2022, the governor shifted her focus to dealing directly with the occupants of the 93-1 lots. She said they could remain on their properties if they settled their payments with concerned national agencies.
Lack of progress
During an executive session on Nov. 20, Emily Malto, president of the 93-1 Movement, representing affected residents, criticized the lack of progress, noting that the issue is often raised only during election seasons.
Malto said many of the provisions of the agreement remain unfulfilled, leaving residents uncertain about their property ownership for more than two decades.
The Cebu City Legal Office said that it has yet to gather relevant documents regarding the Provincial Board’s 2021 revocation of the deal.
Governor’s move
For her part, Governor Garcia offered residents the option to purchase their lots through the Pag-Ibig Fund’s housing loan program, which involves a 30-year repayment plan.
However, only 38 of 58 applicants have been approved due to stringent requirements, such as the need for a 1.5-meter right of way and specific lot sizes.
SunStar Cebu earlier reported that the Pag-Ibig Fund required a signed deed of sale before releasing funds, which the governor opposed, citing legal restrictions against executing such a deed without prior payment.
Governor Garcia recently appealed to Pag-Ibig Fund executives to relax their policies to address the concerns of the residents.
The Provincial Government has also committed to collaborating with the Pag-Ibig Fund to resolve the issue.
A SunStar Cebu report in July 2010 states that some 5,000 urban poor families who are occupying 627,696 square meters of province-owned land in Barangays Luz, Apas, Busay, Mabolo, Lorega, Kamputhaw, Lahug, Capitol Site and Kalunasan stand to benefit from the land swap deal.
At the time, close to 2,000 of the 5,000 families had already paid for their lots in full, but some have yet to get their deed of sale from the Province. The rest have either made partial payments, or did not make any payment at all.
Provincial Ordinance 93-1, passed in 1993, allowed Cebu City residents to purchase provincial lots.
When the deadline for the payment lapsed in 2004, the Provincial Government started issuing notices of eviction to the occupants. / EHP
