Legal Battle Over Fuente Circle, Davide says “It belongs to all Cebuanos”.
There is an ongoing legal battle between the provincial and city governments of Cebu for the ownership of the Fuente Osmeña rotunda.
CEBU Gov. Hilario Davide III will not pursue any court action on the Province’s claim over Fuente Osmeña, saying the landmark is owned by the Cebuanos.
Orvi Ortega, Cebu Capitol’s provincial attorney, disputed Cebu Gov. Davide’s indication on giving up litigation over Fuente Osmeña against Cebu City and wondered if this is even legal yesterday September 7, 2016.
According to the Local Government Code: "to adopt adequate measures to safeguard and conserve land... and other resources of the province" and to "institute or cause to be instituted administrative and judicial proceedings... for the recovery of property" and “defend the province against lawsuits to ensure that its "interests, resources and rights" are "adequately protected" are actually among the “Powers, duties and functions” of a government which Davide is actually bound to do but instead he’ll be abandoning the lawsuit amounts to giving away Capitol asset, which the government may not decide alone.
However the Provincial Board will probably agree with Junjun’s line: “Fuente belongs to all Cebuanos” despite clashing with his duty on protecting the province patrimony.
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