Lapu officials want dialogue

The officials of Lapu-Lapu City have offered to sit down with businessman Efrain Pelaez, who has gone to the Ombudsman Visayas to seek redress for what he calls as harassment by the local government unit.

Lapu-Lapu City administrator Teodulo Ybañez denies harassing Pelaez and clarified that they are just enforcing the law.

This as the Regional Trial Court in Lapu-Lapu City has failed to resolve a case for injunction filed by Pelaez on behalf of four business entities against city attorney Vincent Joseph Lim.

Ybañez said, Pelaez should not have gone to the Ombudsman because they are willing to sit down with him and talk things over.

In fact, the city administrator said that it was Pelaez who cast the first stone by harassing the city government through a paid advertisement in the newspapers showing that the Mactan Island is now becoming a garbage dumpsite.

“It’s time to hit back. Unya karon moingon na siya nga giharass,” Ybañez said in reference to the text of the advertisement.

He said that Pelaez’s Mactan Marina Mall, Mactan South Gate and Coralpoint Resort were ordered demolished due to the lack of building permits and non-payment of the proper taxes.

Nevertheless, Ybañez said they are willing to meet with Pelaez and discuss things for possible settlement of whatever differences they have.

Pelaez said the Mactan Marina Mall has been operating for the last 10 years and has been issued the appropriate building permit by the Export Processing Zone Authority, now under the Philippine Economic Zone.

Pelaez said that the Office of the Building Official of Lapu-Lapu City has no business on matters relating to building permits of establishments operating within the zone, as provided for under Presidential Decree 66, as amended by Presidential Decree 1786.

Citing Section 6 of PD 66, Pelaez said that the administration and enforcement of Presidential Decree No. 1096 or the National Building Code of the Philippines in all zones and areas owned or administered by the authority shall be vested in the Administrator or his duly authorized representative.

PEZA earlier confirmed that it has jurisdiction over Mactan Marina Mall and has issued the appropriate permits to the establishment.

Asked why they issued a demolition against Pelaez’s business establishments only now, when they have been operating for a decade, Ybañez blamed the tedious processes in government for the delay.

According to him, they have been sending notices before against Pelaez but the latter has never complied with the requirements set by law.

Pelaez earned the ire of the Lapu-Lapu City officials after he filed with the Ombudsman a complaint against Radaza over the alleged anomalous purchase of overpriced computers for the city’s public high schools.

Pelaez had accused Radaza of facilitating the “anomalous” transaction and allegedly making P17 million out of the deal.

The businessman alleged that the city government spent P23,476,500 or about P50,000 each for 470 personal computers that were worth less than half the price per unit.

Stalemate?

RTC Branch 27 presiding judge Torribio Quiwag directed both parties to submit their respected memorandum and formal offer of evidence within 24 hours as basis for him to resolve the application for Temporary Restraining Order (TRO).

Lawyer Bernardito Florido, legal counsel of Pelaez, who represents Coralpoint Properties, Inc., Coralpoint Development Corporation, Mactan Southgate Holdings, Inc. and Rasa Marina Food Center, Inc., asked the court to issue a TRO against Lim and the city government.

Florido cited that the threat of demolition of the properties owned by Pelaez may cause irreparable injury to him.

Lim issued a legal notice to Pelaez citing that the establishments have no building permit, mechanical permit, electrical permit and plumbing permit.

The notices were issued based on City Ordinance No. 484-2003 regulating the construction of buildings in Lapu-Lapu and also collecting the necessary permits.

But Florido questioned the ordinance cited by Lim citing that it if was passed only in 2003, it could not have covered structures built years before its passage.

Florido also cited the utter displacement of all the legitimate tenants, their workers, the mall users and occupants and also the destruction of a tourism and business hub in Mactan.

Florido said Pelaez’ properties are not nuisances and they do not injure that portion of the public who may be compelled to come in contact with them. They are not a menace to the community nor is there a need for their destruction and demolition.

He informed the court that there are 82 establishments operating inside the Rasa Marina Food Center, Inc. hiring a total of 1,171 people.

Florido said Marina Mall is the first mixed-used mall development inside the Mactan Export Processing Zone and does not only serve the Philippine Economic Zone, but also city residents and tourists in Mactan.

In yesterday’s hearing Florido presented necessary papers to prove that they have complied with the necessary permits.

Such permits were issued by the Office of the Building Officials (OBO) of the Mactan Export Processing Zone.

Lawyer Richard Sison, who represented City Attorney Lim, first questioned the legality of Pelaez as complainant citing that no authority was given to him to initiate legal action against the city government on the case of Marina Mall.

Sison also claimed that Pelaez cannot claim exemption from local taxes and other regulations because most of the buildings owned by Coral Point Properties, Inc. are not located inside the MEPZ.

According to Sison, the building constructed by the company owned by Pelaez occupies the lot owned by the General Milling Corporation and not by MEPZ.

He presented a tax declaration to prove that the lots are owned by GMC.

Sison also maintained that the Department of Finance issued an opinion that business entities within the Economic Zones should comply with the requirements for business permit or licenses fees, which are charges and impositions of a different nature.

Sison asked the court to look into the validity of the complaint of Pelaez citing that he failed to prove that he is authorized to lodge a complaint before the court citing the lack of certification of the board from Marina Mall.

Although, Florido promised to submit their memorandum and offer documents, he maintained that there is a need for a TRO, because more than 1,000 people may lose their jobs.  (/NLQ)