> Chutzpah
ARE they simply facetious or downright ignorant of the issue? And
yet the three stooges and their ilk that an exasperated Bicol Mail
reader has rebuked for their braggadocio are not about to rest
their case.
I am referring to a new twist that came out of the Plaza Rizal
issue, or is it Plaza Rizal ballyhoo?
Last week, provincial assessor Anacita Malali claimed that the
three plazas located in the heart of Naga City are owned by the
provincial government. What!!?? The three plazas as prospective “tiangge?”
Holy smokes! (Susmaryosep! for you).
The case about the plazas, specifically about Plaza Rizal, to our
reckoning, is not about ownership but about who should have
administrative and supervisory control over these public domains
which nobody owns but the people.
In its decision dated June 28, 2004, the Twelfth Division of the
Court of Appeals, thru Associate Justice Roberto A. Barrios, has
denied due course and dismissed a petition for certiorari filed by
the Camarines Sur provincial government after Branch 61 of the
Regional Trial Court here twice disapproved their appeal to
reverse its March 10, 1999 decision declaring that “the
administrative control and management of Plaza Rizal is within the
City of Naga and not with the Province of Camarines Sur.”
In denying the provincial government’s petition that virtually
upheld the lower court’s decision, the Court of Appeals quoted one
of the provisions of the old Administrative Code of the Philippine
Islands where it was provided that: “When a township or other
local territorial division is converted or fused into a
municipality all property rights vested in the original
territorial organization shall become vested in the government of
the municipality.” (Chapter 57, Article 1, ACPI).
When Naga was converted from municipality into a city, all
properties under its territorial jurisdiction including Plaza
Rizal was vested upon it, Justice Barrios averred, which without
saying also applies to Plaza Quince Martires and Plaza Quezon
which are presently under the administrative and supervisory
control of the city government.
Not wanting to sulk in defeat, the provincial government, however,
elevated the case to the Supreme Court praying that the final
decision would fall in their favor.
As everyone knows, the stand-off on who shall manage the plaza has
become the source of conflict between the two LGUs. The Court of
Appeals, in its decision, reminded everyone that “Naga does not
ask that it be declared its owner, but it wants though that
administrative control and management of Plaza Rizal should be
vested in it because this property is situated within its
territorial jurisdiction.”
Recalling the case, Camarines Sur filed a motion for
reconsideration following the RTC decision which the same court
denied. The provincial government then filed a notice of appeal,
but was again rebuffed “for non-compliance with the Material Data
Rule”. A second notice of appeal was filed on Sept. 13, 1999, but
this too was “again disapproved”.
Its attempts to appeal having been unsuccessful, Camarines Sur
resorted to a petition for certiorari which the Court of Appeals,
you guessed it, dismissed.
* * *
When Pres. Gloria Macapagal Arroyo was handed the cellphone by her
hubby FG Mike to congratulate boxing champ Manny Paquiao inside
the ring shortly after the heart-pumping victory by the Filipino
boxing icon, I felt a mischievous smile curled on my lips. It
sounded like the whole world was listening to the haunting “Hello
Garci” instead of “Hello Manny” congratulatory chat, bugged or
unbugged. A few minutes later, when FG was finally handed back his
cellphone, the President’s husband bid goodbye in the romantic
Spanish words, “Amor, te quiero mucho.” At that moment, I can
imagine the wiretapper giggling, blurting “Oh, how sweet naman”,
assuming that this guy knows his Spanish 101.
Someone from Manila, who obviously wanted to get the pulse of the
countryside on the political situation obtaining, wondered until
when GMA can hold on. Quickly I told her: She would be out before
the 2007 polls, or immediately after that. Not necessarily because
the opposition substantially won, but because the people have been
too much incensed and galvanized to make a decisive uproar against
another round of massive cheating, votebuying, and blatant
machinations by those in power. This is not to say that old and
new issues would be raised more openly during the campaigns. I
emphasized that the Filipino people, overly saddled with recurring
crisis and scandals could not afford another blatant depredation
of their right to choose lesser evils even if it weren’t a
presidential election.
After we prayed that Manny Pacquiao should win against Erik
Morales, let us double our prayers that he won’t run in the 2007
elections. Blame too much media hype that bamboozled Pacquiao’s
battered brain. They first gave us Noli de Castro for
vice-president, one reason why GMA hangs on. Now they want us to
coddle Pacquiao, too.
