Cotabato City govt warns to demolish ARMM structures in Gutierrez Avenue

BY: NENETTE TENORIO and MARIZ REVALES     Cotabato City – The city government of Cotabato warns Autonomous Region in Muslim Mindanao  (ARMM) to demolish its on-going project  that are being undertaken by the office of the Regional Governor for the beautification on the center island of the Gov. Gutierrez Avenue, this city.   City administrator Atty. Cynthia Guani Sayadi disclosed the city government will be compelled to use its police powers as provided for under Republic Act 7160 if the ARMM government will not heed on its July 1, 2011 letter of the City Engineering Office about the concern on the design of the project, particularly on the aspect of security.   Sayadi said that the city engineering office is only waiting for the mayor's order to demolish the concreted flower pots along the said street.     Sayadi refuted that the ARMM government coordinated with the City Government prior to the commencement of the said project.   Sayadi also noted that the project is situated within the territorial jurisdiction of Cotabato City.   Officer-In Charge Engr Fulgencio Mortera III claimed that the said portion is very risky    and that the City government is only considering the security aspect of the high officials passing along the road. He added that those flower pots are too high that motorists in the other side of the lane could hardly see other vehicles.      In a letter sent by City Mayor Japal J. Guani, Jr to ARMM Executive Secretary Atty.Naguib Sinarimbo on July 13, 2011, the mayor stated that "However, in a seemingly attempt to circumvent protocol, much less disregard the Executive Branch of the City Government, you referred the issue  to the Sangguniang Panlungsod (SP). Let it be noted that the SP is a legislative body and the issue at hand involve policy implementation which is within the powers and functions of the Executive Branch".   The letter added that though the SP interposed no objection to the project, this does not in any way mean that the project could already proceed and just ignore the basic requirements, which has to be complied first, in the implementation of any infrastructure project.   However, ARMM Executive Secretary Atty.Naguib Sinarimbo disclosed that the portion along the mentioned area is owned by the ARMM. "The access road of the ORG is the Gutierrez Avenue and that belongs to the ARMM", Sinarimbo said.   In a committee report No.06,series  2011 last July 12, 2011, a Committee hearing was conducted on July 11,2011 from 3:00 to 3:40 pm at the Legislative Building, Sangguniang Panlungsod Office, Cotabato City on proprietary rights over Gov.Gutierrez Avenue and its findings:   On October 19, 1976, then City Mayor Juan J. Ty and Regional  Commissioner XII Simeon Datumanong signed the Deed of Conditional Donation and Waiver ,consequently donating seven (7) hectares, more or less. to the Regional Commission XII, formerly owned  by the Gutierrez Family, and was known as the Old Cotabato airport. A map prepared  by the City Assessor's Office  shows that part  of the donation is now the street now known as the Governor Gutierrez Avenue, to include the site of the ORG, the Shariff Kabunsuan Cultural Center and the RLA. The Regional Commission introduced the road and have maintained the same over the years now through the ARMM.   In an interview with Vice Mayor Mus Sema, he said the committee report is correct. The said portion is owned by the ARMM through a donation of the Gutierrez family during the time of City Mayor Juan J.Ty.   "We are not interfering with the business of the executive functions but we are the legislative body making the city ordinance for the City of Cotabato", Sema said.   He also said that there was an agreement before during his term as the City mayor  that the ARMM government will have to develop that  portion. "The Gutierrez Avenue belongs to the ARMM government as shown to the committee report of the SP',Sema said.