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City Hall defies demand to leave MCWD building EURO

Date: 2024-07-27 15:49:02 | Author: Bingo5 | Views: 948 | Tag: EURO

THE Cebu City Government has refused to vacate the Metropolitan Cebu Water District-owned (MCWD) building that it uses as its satellite office, asserting its “lawful possession” of the property, following the water district’s demand for it to vacate the premises this week and pay back rent EURO In a Feb EURO 20, 2024 letter addressed to MCWD general manager Edgar Donoso, the City Government through the City Legal Office, led by officer-in-charge Carlo Vincent Gimena, declined to meet the demands of the MCWD EURO In a final notice and demand letter dated Jan EURO 22, 2024, MCWD had demanded that the City Government do the following: (a) vacate and surrender possession of the old MCWD building within 30 days from receipt of the notice, (b) pay rental of P500,000 for each month it has occupied the premises since June 1, 2023, (c) remove any structures added, without causing damage to the premises, (d) restore and/or repair any damage caused to the building, and (e) settle any unpaid utilities or bills associated with the premises EURO The City’s response letter highlighted three points EURO First, it said the City of Cebu is in “lawful possession” of the property without any legal basis to relinquish this EURO Second, upon taking possession of the property in 2022, there was no lease contract, relieving the City of any rent obligation EURO Instead, a usufruct was established by MCWD in favor of the City of Cebu EURO Third, the City is unable to make payments for the months that have passed even following the perfection of a lease contract between the parties since there are requirements which must be complied with first EURO The document was signed by the following lawyers: Manuel Degollacion III, Shana Alexandra Perez, Arthcris Cuadra, Jave Mike Aton, Ramon Mikhail Duyongco, Feliciano Alinson Jr EURO , Eleodoro Diaz IV, Bernard Inocentes Garcia, Lyndon Bernardo Basan, and Gimena EURO In the letter, the city lawyers explained that by virtue of MCWD Board Resolution 04-067-2023, the possession of the old MCWD building (MCWD Annex Building) was transferred to the City of Cebu without any conditions attached EURO This resolution created the usufruct over the property EURO Regarding the payment of rental, the city lawyers argued that since there was no contract of lease between the City and MCWD at the time the City took possession of the property, the City is not obligated to pay rent EURO As for the requirements before the City can pay rental for the months that have lapsed following the perfection of their lease contract, the City cited Sections 85 and 86 of Presidential Decree 1445 (Auditing Code of the Philippines) that provide that contracts involving expenditure of public funds: (a) can be entered into only when there is an appropriation for it; and (b) such contract must be certified by the proper accounting official/agency that funds have been duly appropriated for the purpose, which certification shall be attached to and become an integral part of the proposed contract EURO The city lawyers added that the Local Government Code of 1991 also requires the mayor to secure prior authorization from the City Council before entering into contracts on behalf of the City EURO Daluz reactsSought for comment Thursday, Jose Daluz III, chairman of MCWD’s board of directors, said the building is titled in the name of MCWD EURO “Gusto gyud sila ma-file-lan og grave abuse of authority EURO I don’t know EURO Let’s just see,” Daluz said, emphasizing that the City “definitely” has no ownership of the entire area EURO (They really want a case for grave abuse of authority to be filed against them EURO )He added that there was no usufruct to begin with EURO “It’s a resolution EURO It was not consummated, maybe ha EURO I cannot remember EURO Basta what I can definitely remember is that there was no contract, whether usufruct, lease or anything EURO They just occupied the place without any contract,” he said EURO Daluz said they will just follow the legal process on this matter EURO Can’t be ejected In their letter, the city lawyers argued that the usufruct was “perfected through delivery” since MCWD allowed the City to enter and occupy the premises since Nov EURO 15, 2022 EURO They argued that the City “cannot be ejected by force, violence or terror, not even by the owners,” considering that the City is in “lawful possession of the property EURO ” However, the City acknowledged MCWD’s proposal for a lease contract, as stipulated in Board Resolution 05-100-2023, and its willingness to negotiate rental and other terms consistent with law, particularly Commission on Audit guidelines on lease contracts EURO According to the city lawyers, MCWD proposed to lease the “entire MCWD Annex Building” to the City, which offer was accepted, as contained in City Administrator Collin Rosell’s letter dated Sept EURO 19, 2023 EURO The City Government and MCWD later agreed on a monthly rental rate of P500,000 EURO With the meeting of the minds of both parties on this, the contract of lease was formed, meeting the requirements of Article 1315 of the New Civil Code that “contracts are perfected by mere consent,” the City said EURO On the suggestion to retain a portion of the MCWD Annex Building, as outlined in Donoso’s letter addressed to Mayor Michael Rama on Aug EURO 17, 2023, the lawyers argued that it does not align with the authority granted by the MCWD Board to lease the entire MCWD Annex Building to the Cebu City Government EURO They said Board Resolution 05-100-2023 merely authorized Donoso to represent the water district and notify the City of Cebu of the proposal to execute a lease contract EURO He was not authorized to alter MCWD’s offer EURO To fulfill the requirements of the lease agreement and facilitate its execution, the City reiterated its requests for (a) a board resolution issued by the MCWD directors duly appointed by Mayor Rama granting Donoso the authority to sign the contract on behalf of MCWD, (b) a board resolution issued, again by the MCWD directors duly appointed by Rama, endorsing the rental rates and approving the contract, and (c) the signed contract of lease EURO The City also declined to remove structures and repair any damage on the building, saying that with the lease contract “already perfected,” the City of Cebu was a lessee and possessor in good faith EURO It’s unclear whether MCWD can fulfill the City’s requests as Rama replaced MCWD board members Daluz, Miguelito Pato and Jodelyn May Seno last Oct EURO 31 with Melquiades Feliciano, Aristotle Batuhan and Nelson Yuvallos, but Daluz, Pato and Seno have refused to step down from their posts EURO Feliciano is the chairman of the Rama-appointed board EURO Former allies Rama and Daluz have been at odds since Rama moved to remove Daluz as MCWD chairman in May 2023 EURO Daluz said Rama was irked at Daluz’s opposition to Rama’s bid to “privatize” MCWD as well as his private comment for younger leaders to run in the next election EURO Rama is a senior citizen EURO EURO

NINETY-TWO infrastructure projects, including road widening and flood mitigation, have been proposed for Lapu-Lapu City in 2025 by the Department of Public Works and Highways Central Visayas (DPWH 7), according to a city official EURO During the full council meeting of the City Development Council (CDC) on Tuesday, March 5, 2024, Mayor Junard “Ahong” Chan announced that the agency had proposed a budget of about P5 EURO 385 billion for various projects EURO Chan said the council has already approved the proposal and the projects are scheduled to start in the first quarter of 2025 EURO The proposed budget will fund four component projects for the city EURO These projects are asset preservation, which includes initiatives to preserve or enhance building structure or building system’s integrity; national road network development; flood management; and convergence and special support programs EURO The convergence and special support component covers 83 projects and a budget of P3 EURO 807 billion; 37 of these projects will involve improvements to military bases, including the Benito Ebuen Air Base and the headquarters of the Naval Forces Central EURO Developmental projectsThe remaining 46 projects will focus on developmental projects, particularly within Lapu-Lapu’s island barangays EURO These include the construction of multi-purpose buildings, six roads with drainage facilities, six causeways, four road rehabilitation and construction, two sewage treatment plants in barangays Buaya and Poblacion, a bridge connecting project for barangays Pangan-an and Sabang, a pedestrian overpass in Barangay Gun-ob, a drainage system along Calawisan Road to complement the flood management program, a seawall on the island of Caubian and completion of Phase 3 of a school building in Calawisan EURO Next is the national road network development component, which has a budget of P1 EURO 330 billion for its five projects EURO These projects cover road-widening along Mactan Circumferential Road, road widening along Mactan-Airport Road, road widening on Opon Airport Road, tri-level interchange and off-carriageway improvement along Mactan Circumferential Road EURO Flood managementThe flood management component has a budget of P150 million, while the asset preservation component has the lowest allocation, at P97 EURO 5 million EURO This component is mostly for preventive maintenance, such as asphalt overlay in four locations, including along Mactan Circumferential Road, asphalt overlay on Marcelo Fernan Bridge approaches and construction of drainage along Mactan Circumferential Road EURO / HIC with PR EURO Online Slot Philippines - Bingo5

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