Court bars Lapu-Lapu from demolishing King structure

The Lapu-Lapu City Regional Trial Court granted the petition of J. King and Sons Company, Inc. to stop the city government from demolishing a sports complex constructed beside its Crown Regency Hotel in barangay Basak.

In her two-page order, RTC Acting Executive Judge Geraldine Faith Econg barred Lapu-Lapu City Mayor Arturo Radaza, the City Planning and Development Officer and the city attorney from demolishing the structure.

J. King and Sons filed a petition for a 72-hour temporary restraining order after it received the notice of demolition from the city government last Monday.

Lapu-Lapu City Attorney Vincent Joseph Lim, who signed the notice, said the structures were constructed without the necessary permits.

J. King and Sons, represented by its lawyer Deolito Alvarez, claimed that in March 2005, it applied for a location clearance with the city government so it can secure a building permit for its multi-purpose building and facilities that include the tennis and badminton courts.

It said as pre-requisite for obtaining the location clearance, it submitted several clearances from barangay Gun-ob, where the lot over which the facilities are constructed is located.

But the company alleged that the city attorney recommended for the temporary denial of the location clearance to the city planning and development coordinator, which then denied the company's application.

The petition said the city planning office then submitted the company's building permit application to the Office of the Building Official.

On February 19, the company claimed in its petition that it was surprised when it received an order from the city attorney's office directing the company to demolish the structure.

In granting the petition, Econg said the court believes that the issuance of the TRO was in order, saying that the company is exercising its right over the property.

Although the court also believes that the exercise of the propriety right should be without any restrictions, Econg stressed that there is a need for the court to determine the validity of the petitioner's claim.

Richard and Rafael King had filed a P50 million damage suit against Radaza for the demolition of their property in barangay Agus.

Richard King also accused Radaza of asking a three percent commission from a contractor in exchange of a big project. He even presented a digital videodisc to support his accusation.

Radaza, however, denied the accusation. - Jose P. Sollano