BAGUIO CITY – Peeved by apparent series of ‘almost covert’ encumbrances over prime national government realties the Baguio government eyes for public purposes, mayor Reinaldo Bautista, Jr. last week wrote the city council giving ‘em a penny for their thoughts.

In a March 3 letter, the mayor said, “We have to look at [our city] as one big pie and not mere chunks,” alluding to the reactive stance the city has been taking in meeting various land conveyance issues where it finds itself in the defensive end.

He bared the local government now faces possible withdrawal of the Office of the President (OP) of the property the Presidential Management Staff (PMS) conveyed to the city May 13, 2004, otherwise known as the Dominican Heritage Hill.

Other catch 22’s include the sale of several parcels of land along Gov. Pack Road, otherwise known as the Southbound Terminal (ST); and the DPWH easement now titled in the name of one Yu Hwa Ping.

He revealed that in a recent conversation with president Gloria Macapagal – Arroyo, “It was apparent the botched plan to construct the Mining Museum [at Dominican Hill] was much of a concern, considering the city has gone beyond the 5-year term for compliance of the project the parties were obliged by contract to implement.”

“Apparently,” he added, “PMS sees our infusion of about P15-million in the construction of fences in [Dominican] not as development but merely stalling the inevitable – the reconveyance of the property by virtue of our non-compliance with our obligations.”

He lamented, “Clearly, the PMS in its more recent communications is bent on enforcing the said agreement to point of withdrawing the said land from our assets.”

On the Gov. Pack Road issue, he disclosed on February 26, Coun. Isabelo Cosalan and administrator Peter Fianza delivered his appeal and conferred with DENR Sec. Horacio Ramos, to stall bidding for sale of lots along the ST.

”Thanks to our reps aptitude in persuasion, the Honorable Secretary has responded to our call favorably,” he said.

But land conversion issues do not end there. Last February 22, the city legal office filed reconsideration with the OP regarding its decision granting title to Fil-Chinese businessman Yu Hwa Ping over a highly contested parcel of lot along Chuntug street.

The lot awarded late in January is being contested for straddling over an identified road-right-of-way.

Bautista enthused, “While I am aware that we are ready to go to court to enforce our [rights]… another situation has presented itself which may give the national government and the local government of Baguio a win-win solution to [our dilemmas].”

He proposed the city give way to the proposal of ambassador to Germany Delia Albert group’s proposal to construct a Baguio Historical and Mining Museum at Dominican.

He added, “The project along with city-led development of the unused portions of the realty as Heritage Park would certainly be a tourist attraction that would satisfy the requirements demanded by each and of all the parties involved in the property.”

However, he suggested, “The city’s giving way to the construction of a Baguio Historical and Mining Museum be used as a bargaining chip in requesting Malacañang to issue an Executive Order conveying the Gov. Pack Road property… to our local government for a city-managed southbound terminal.”

On top of this he added the accession by the city to Albert’s proposal likewise be used to bargain for reversal of the OP decision over the Chuntug lot.

He thus requested asked the council to prepare the necessary legislative measures on his recommendations and to authorize him the duty of representing the city to bargain with Malacanang.

He added, “I appeal to you before our chapter of governance would soon end… Let us give way to compromise lest we waste countless years and money in arduous court litigations.”**gani liporada

QUEZON CITY – Alderman Isabelo Cosalan and city administrator Peter Fianza in a buzzer beater, February 26, gave new meaning to the ‘theory of relativity’,  swaying the Department of Environment and Natural Resources (DENR) top honcho to stay sale of lots along Gov. Pack road.

The conduct of bidding of several parcels of land denominated as portion of the controversial Original Certificate of Title (OCT) No. 1, situated at Residential Section ‘A’, Gov. Pack Road, has been scheduled March 1 to 23, 2010.

Stirred by promise the area shall remain for southbound busses, the two endured same day’s travel leaving at 3:00am nil appointment with newly-installed DENR secretary Horacio Ramos.

They were armed with a letter-appeal by mayor Reinaldo Bautista, Jr. and prayer they could make a personal call despite stringent protocols barring walk-in visitations with the secretary. He is, after all, the president’s alter ego.

Arriving here at 9:00am, their fears being showed the easiest way out the DENR Central Office Building was confirmed: no walk-in visitors, no matter how urgent the business was, were ever allowed to the top dog’s office unless he was president of the republic.

Besides, the secretary was in Malacanang for a DENR press-briefing.

They shifted to ‘plan B’ - enlisting aid from media friends to locate Ramos in the palace and to arrange an instant rendezvous.

It was only at 2:00pm that the team was informed their main man has left the building. With some prodding from their contacts, they proceeded back to DENR central.

This time around, Cosalan not wanting to go home kaput changed gears from his usual docile Ibaloi nature to a man on a mission and declared the “C” of Ramos’ middle name was spelled out “Cosalan” to the DENR front desk clerk.

He was the secretary’s nephew, after all. Within a few ticks, the team was at the office of Ramos with coffee on the side.

The team got the hold order they came for and Ramos vowed to look into apparently doubtful disposition of properties covered by OCT 1. It was a few ticks before 5:00pm when the city team left… all smiles.

Meanwhile, Bautista in his letter explained the area subject of sale known as site depot for southbound busses.

“Disposition of said lands by mode of sale… would change the nature of the property as private landholdings evermore, which will thus greatly affect our established order in traffic and dispatch of southbound mass transportation,” he added.

Earlier during an emergency consultation called by Cosalan and Fianza, 15- of the total 17- lot occupants feared deprivation of use and possible ownership of the realty.

They claimed valuation for sale over the property occupied and developed by their ancestors over 50-years ago were too excessive.

It was the two officials who suggested the occupants seek injunctive relief while they pursue administrative aid straight from the DENR secretary.

Bautista in his letter meantime averred, “The Republic of the Philippines [under whose name the property is titled,] would earn more down the line if it leased the properties.”

He likewise pointed out under a memorandum dated January 12, 2007 for the director, Land Management Bureau, from members of an appraisal committee constituted under DENR Special Order No. 108-1998, “The scope and purpose of the appraisal… is in preparation for bidding for lease and not of sale.”

He added, “While [DENR] Regional Executive Director Clarence Baguilat in his February 19, 2010 letter claims there is no difference between ‘lease’ and ‘sale’ as the appraisal value [are the same for both, his] reasoning would seem to create absurdity when it comes to the very definition of sale and lease pursuant to law.”

Bautista thus urged Ramos to create a multi-agency committee to include Baguio government reps “to review the disposition of properties… and to resolve all issues a propos OCT 1.”

Among the issues he raised were the sale of portions of OCT 1 to SM Investments Corporation; the request for setting aside portions thereof for purposes of the City Government of Baguio; the need to finalize metes and bounds of OCT 1 to put order in the otherwise conflicting records in existence; and the need to clarify why some of the lots lined up for sale fall on identified rights-of-way.

On related development, the Southbound Bus Terminal group represented by one Zenaida Monteclaro and joined by the City Government of Baguio were able to secure Temporary Restraining Order (TRO) likewise stopping the sale of the Gov. Pack properties.

Absent during the TRO hearing despite notice were representatives of DENR constraining Regional Trial Court (RTC) Branch 3 judge Fernando Vil Pamintuan to issue relief sought.

Hearing on the application by the same plaintiffs for a writ of preliminary mandatory injunction is set March 12.** gani liporada