The national government is contesting a lower court ruling in an effort to hold on to a property donated to the military in this city.
A trial court here earlier upheld an agreement between the Cebu provincial government and two agencies, which concerns the eviction of the Armed Forces Central Command (Centcom) from its current location in Barangay Apas, Cebu City.
The other parties to the agreement are the Department of Environment and Natural Resources (DENR) and the Housing and Urban Development Coordinating Council (HUDCC).
On Oct. 12, 1956, the Cebu Capitol donated 47 parcels of land containing a total area of 806,943 square meters for the military’s use.
It revoked the deed of donation when it discovered only 14 of the 47 parcels of land were being used for military purposes.
But Centcom and the Office of the Solicitor General (OSG) argued that Cebu province has no cause of action and that the State remains the lawful owner of the properties.
In July 2009, the court approved the compromise agreement entered into by the parties.
Centcom appealed the ruling, saying the subject lots are still being used for military purposes. It also said the agreement was not signed by a witness and it was not notarized.
But Judge Generosa Labra, in her decision, said the agreement is still valid and binding.
”A judgment based on compromise is not appealable. It should not be disturbed except upon showing of vitiated consent of forgery,” Labra said.