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Spring 1999 Issue
Himoragat - An Tingog kan mga Tinambaqueños sa Amerika
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   Naga News
 

 

 

PLAZA RIZAL BELONGS TO THE CITY OF NAGA
 
Bikol Reporter.  Mayor Sulpicio Roco Jr. expressed elation over the recent decision of a regional trial court in Naga pointing to the city government as the administrator of the controversial Plaza Rizal located at the navel of this city.
     Roco said, "this will end all misconceptions, and ultimately will ascertain the right of the city to exercise administrative supervision, management and control over Plaza Rizal."
     The city government of Naga, in two previous administrations, and the province of Camarines Sur as represented by Camarines Sur Governor Luis R. Villafuerte have been disputing the issue for over seven years now.
     Regional Trial Court Judge Andres Barsaga of Branch 61 decided in favor of the city government in his four-page decision to Civil Case no. RTC 97-3691, last March 10, this year.
     "Considering that the Province expressly acknowledge that Section 2 of Republic Act 305 merely defines the territory of Naga City, then it is safe to assume that it also accept that the City of Naga as represented by the City Mayor exercises control of all the properties of the city," Barsaga said in his decision. Properties as used in the above-qouted provision refer to lands, buildings, records, money, credits and other properties and rights of the city.
     "Since Sec. 2 of R.A. 305 defines the territory of Naga and Plaza Rizal is within its territorial jurisdiction, ergo, it is the City who has the right of administrative control and management over Plaza Rizal", the honorable judge added.
     In this controversial case, both parties undisputedly admitted that: Sec. 2 of R.A. 305 defines the territory of the City of Naga; before the enactment of R.A. 305, it was the Province which exercise supervision and control over Plaza Rizal; before the present site of the Provincial Capitol of Camarines Sur is in Naga City, in front of the plaza; the property in question is within the territorial jurisdiction of plaintiff; that the province does not secure permits from the City for any activities held or improvements introduced over the property in question; and a tax declaration in the name of the province of Camarines Sur.
     Earlier, the same RTC judge ruled against the land registration case filed by the Province for lack of merit.
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