Gov. Gwen Garcia has been on the receiving end of a petition for suspension at the Office of the President and the incessant bashing of netizens in relation to the Bus Rapid Transit (BRT) project in Cebu City.
However, the governor’s critics may have misunderstood the intention of a memorandum she wrote, which was basically a cease-and-desist order directed at the project implementers of the BRT bus stations along Osmeña Boulevard, a Capitol-owned property annotated as road lot in its titles.
“Klaruhon ta ni ha, sabta palihug. Wa gyoy nag-ingon undanga ang BRT. Ang akong giingon, ang bus stations,” Gov. Garcia said in a media briefing at the Capitol on April 2. It was carried live via Sugbo News Facebook Page and other Capitol social media pages.
Surrounded by Capitol lawyers and legal consultants, the governor bared the land titles which attested that the Province of Cebu is the owner of properties not only within the Capitol Compound but also down Osmeña Boulevard, on which two BRT stations were supposed to be built, and the roads around Fuente Circle.
On February 27 this year, Gov. Gwen issued Memorandum No. 16-2024 directed at the BRT team and contractor because the bus stations that will be built along Osmeña Blvd right in front of the Capitol Building will have a negative impact on the cultural integrity of the building.
“Kon mao na ilang design, wa moy permiso namo, kami tag-iya ana nga yuta, wala gani mo nikonsulta sa NCCA (National Commission for Culture and the Arts), wala moy authorization. Mounsa man ko? Di lang ko, tingali unyag i-bash ko? Karon pa, dili ko mokuhag preemptive action? Dili ko mo-exercise sa akong otoridad ug responsibilidad nga atong panalipdan ang Kapitolyo ug nga ato usab klaruhon nga wala bay balaod nga inyong gilapas?” Gov. Garcia said.
It was Capitol consultant Dr. Jose Eleazar Bersales, who is also a member of the advisory board of the NCCA, that alerted the governor of potential cultural and heritage violations of the BRT bus stations in front of the Capitol, which was declared a National Historical Landmark in 2008 and an Important Cultural Property in 2020.
Under RA 11961 or the Cultural Mapping and Heritage Education Act of 2022, the Capitol is protected as a Grade I Level Heritage Property, while Osmeña Blvd and Fuente Rotunda are presumed to be Important Cultural Properties by virtue of RA 10066 or the National Heritage Act of 2009.
As Grade I Level Property, the Capitol enjoys highest priority of protection as stipulated in Sec. 7(e) of RA 11961 which mandates that government projects that may potentially affect its integrity, such as the BRT bus stations, must consult with the NCCA at the planning stages — something which the BRT implementers failed to do.
Legal consultant Atty. Rory Jon Sepulveda said the governor’s move is based on her being a steward of Capitol properties, like Osmeña Blvd., as well as the governor’s sworn duty to uphold all laws, legal orders, and decrees of the country.
“That’s basically the first angle of that order of the Governor to stop. That’s our property, you have to stop. Why? Not only are you using our property without our clear consent, you’re using our property to deface a cultural heritage site which is the Provincial Capitol,” the lawyer said. | IPA