City sued over bldg permit

CEBU, Philippines - Cebu City officials, including Mayor Michael Rama, are facing charges in court for denying a developer’s application for a building permit despite compliance of requirements.

Bowen and Lili Holdings, Co. Inc.; Siddharta Holdings, Co. Inc.; Benjamin Hermanos Holdings. Co., Inc.; Gyeongju Development Corporation; and Benjamin D. Gothong filed a case for mandamus demanding for attorney’s face from Rama, the Office of the Building Official, Cebu City; OBO head Jose Marie Poblete; Assistant OBO Head Florante Catalan, and Bernabe Pateno.

Petitioners alleged that despite their compliance with the necessary requirements for the construction of a building in Llorente St., Capitol, Cebu City, their second application for building permit was still denied.

“That the unjustifiable acts of OBO in denying petitioners application for a building permit, despite the fact that the latter have faithfully complied with all the requirements necessary for the approval of the building permit, is contrary to the tenets of the law which states that the owner has the right to enjoy and dispose of a things, without other limitations than those established by law,” the complaint reads.

The petitioners said that because of the delay, they suffered actual damages in the form of salaries and wages of their workers who continued to be paid despite the fact that no work was being undertaken on the building.

They are asking that the city and the officials concerned pay them P300,000 and another P100,000 as exemplary damages and P100,000 for attorney’s fees.

Furthermore, they are asking that the city consider their second permit application for the proposed 30-floor building and a nine-story annex building they want to build.

OBO has reportedly approved the first application in 2010 for the construction of a 24-story building. After payment was made, the building permit was issued in 2010.

In 2011, following Rama’s re-election, petitioners applied for an amended building permit because they wanted to add six more floors to the 24-story plan to make the structure 30 stories, as well as an additional floor to the nine-story building.

The petition, however, was denied. — (FREEMAN)