Property swap to settle tree park tiff

By Aileen P. Refuerzo

BAGUIO CITY – The city government is considering a land swap deal with the Government Service Insurance System to resolve the dispute over the tree park within the Baguio Convention Center reservation.

Mayor Mauricio Domogan said the prospect of a property swap deal was broached during his meeting with GSIS top officials recently.

During a department heads’ meeting, City budget officer Leticia Clemente said GSIS representatives indicated anew their willingness to consider the property exchange if the city can find a suitable location in place of the protected tree park.

The mayor said the land swap deal would be a very ideal way of settling the dispute.

He said however that the city has to first verify the status of ownership of the tree park which is one of the few remaining pine stands at the city business district before it pursues the said direction.

The mayor said he is awaiting the result of the on-going relocation survey of properties covered by the Original Certificate of Title No. 1 to establish whether or not the said title covers the subject tree park.

He said if the survey shows that the tree park is covered under OCT 1 then, there is a legal question on the GSIS’ ownership.

“If it is covered by OCT 1, then it would not be necessary to replace the property, but if it turns out that it is covered by the Presidential Decree 396as maintained by the GSIS, then we will pursue the land swap deal,” the mayor said.

He said he asked Councilor IsabeloCosalan Jr. to furnish him a copy of the result of the relocation survey so that he will have a basis when he meets again with GSIS officials to settle the issue.

The mayor had earlier vowed to uphold and even strengthen the past administrations’ stand to preserve the tree park which he said also mirrors the sentiment of the local populace.

The tree park measuring 14,430 square meters is being eyed by the GSIS and the SM Development Corporation for a condotel and commercial complex venture.

The GSIS earlier filed an administrative case against past and present city officials over the botched project before the Office of the Ombudsman “for usurpation of legislative powers and violation of Anti-Graft and Corrupt Practices” for passing and implementing Ordinance No. 51 series of 2001 or the Revised Comprehensive Zoning Regulations of the city which was the basis of the city in disapproving the GSIS’ application for a building permit for its condotel project dubbed Baguio Air Residences.

They claimed the disapproval of the project denied the GSIS the chance to augment its actuarial funds.

GSIS also said Ordinance No. 51-2001 should not supplant Presidential Decree 396 issued by former President Ferdinand Marcos which intended the subject area under the ownership of GSIS purportedly ‘to augment its retirement funds and actuarial solvency.

The ordinance classified the Baguio Convention Center as within an institutional zone while the forested area beside it is zoned as “parks and gardens.”

In the petition, the GSIS sought the invalidation of the provision of the ordinance which declared the subject area as a park and garden. It also asked the court to order the city officials to process and issue the building permit and other clearances or papers for the project.