Derm clinic owner files counter-suit vs homeowners

A leading dermatology company has taken steps to respond to attacks on a new clinic being constructed in San Lorenzo Village in Makati City.

Dermclinic Inc., owned by Dr. Vinson Pineda, has responded to complaints raised by the San Lorenzo Village Association (SLVA) with the Housing and Land Use Regulatory Board (HLURB) by filing a counter-suit against village officials "who pursued the baseless, uncalled for and untimely case."

Pineda’s company is currently constructing a new building at the San Lorenzo’s commercial side on Arnaiz Avenue and a residential building on Hernandez street inside the subdivision.

The SLVA has complained that the two buildings do not have a wall dividing them, making it easy for outsiders to penetrate and leave the subdivision without having to pass through the guards at the gate.

The HLURB has issued a cease and desist order against the construction of the four-story commercial building, which SLVA officers described as "a threat to security in the subdivision."

In his reply, Pineda said the complaint was very "presumptuous" because the village association did not have any proof that the company was violating any construction plan or agreement.

The SLVA had alleged that the construction was in violation of a March 30, 2003 agreement that reportedly required a dividing wall.

"Neither the approved plan nor agreement was violated because we will be building the wall during the second phase of construction after we complete the two buildings. The issue here really is methodology of construction and that is already up to the project architects and engineers to settle," Pineda said in an interview yesterday.

He pointed out they completed half of the building and would have immediately built the wall as planned, "if only the SLVA did not preempt the construction."

Pineda stressed that when it comes to supposed dangers the construction poses, he would be most affected since "it’s my house where the terrorists they fear would first pass."

The noted celebrity dermatologist said SLVA’s move was very preemptive of the construction and has resulted in a lot of losses.

He said they have "lost too much money, time, and manpower" because of the association’s complaint that led to the halt order.

Engineer Joel Guzman, construction project manager of construction firm Park Avin Corp., lamented that they were forced to pull out the tower crane from the site, which they rented for P150,000 per day. He also noted that the cost of construction would balloon once operations resume.

"It would take us another month to resume with construction. Equipment rentals are also running even if they are on standby. This means additional costs that should have been unnecessary," he explained.

For these reasons, Pineda said, they have filed a suit with the HLURB division handling the case, seeking P500 million in damages from SLVA.

However, he said they would also seek the withdrawal of the case from the HLURB for lack of jurisdiction on the matter.

Pineda claimed the board does not have a hand on buildings to be used for "private consumption."

He also questioned why the HLURB did not lift its cease and desist order even after officials inspected the construction site and found no grounds for such an order since there were no plans or agreements violated.

The dermatologist also stressed that their revisions to the construction plan, specifically on the planned six-level basement parking was only carried out due to "inaction from SLVA."

"We submitted a revised plan to them just three months after the plan was approved and they did not reply," he explained.

Pineda said they would fight for the construction project "even in court."

He added that his lawyer has filed complaints against the village officials with the Professionals Regulations Commissions as well as the HLURB official handling the case with the Civil Service Commission "for disregard of their duties."