Developer questions Talisay heritage law

CEBU, Philippines - A developer is questioning the legality of Talisay City Ordinance No. 2009-14, classifying certain areas in Barangay Mohon as heritage sites.

AE International Construction and Development Corp. said the ordinance violated the constitution's due process and also failed to comply with the requirements of the law for its enactment.

The "Ordinance declaring Certain Buildings, Structures, Monuments, and Sites in the City of Talisay as Heritage Monuments, Sites and Zones and Creating the City of Talisay Heritage Conservation Council and other Purposes" was authored by then councilor Shirley Belleza.

Bryan Ong, the president of AE International, through lawyer Paulino del Soccoro, said the city ordinance failed to comply with the procedural requirements provided by the Local Government Code on the issue of written notices for public hearing when it was signed into a local law on August 11, 2009 by then mayor Socrates Fernandez.

In his complaint, Ong pointed out that their 12 lots located in Sitio Libo, Barangay Mohon with an area of 39,321 square meters cannot be developed because of the existing ordinance. He purchased the lot in 2004.

"The lots of our client have long been classified as residential as they are located in the residential zone. The tax declarations of the lots are all classified as residential. Recently, our client has been informed that these lot have been classified as agricultural and declared as heritage pursuant to Section 4 of the 3rd SP Ordinance No. 2009-14," Del Socorro said in his letter addressed to Vice Mayor Romeo Villarante.

Del Socorro said his client objects to the ordinance saying that the reclassification of the land from residential to agricultural runs contrary to the principle of taxation. "This act can even be classified as treasonous as it betrays the interest and progress of the city," the letter read.

Del Socorro also insisted that converting the lot to agricultural and declaring it as heritage site "amounts to taking of private property under the government's right of eminent domain without just compensation."

He pointed out that it was considered as taking of private property because Ong was deprived of his right to use the property because of the ordinance.

During his appearance before the city council, Del Socorro informed the council that there was no due process of law when the owners of the property were not notified of the public hearing regarding the passage of the ordinance.

Del Socorro said he has been exhausting to secure a copy of the journal detailing the records prior to the passage and approval of the ordinance but there was no copy.

"There was no public hearing conducted so that all the affected parties can voice out their objections or comments to the then proposed ordinance. In short, there was a blatant violation of the constitutional provision on due process of law. We wanted to know if usual procedure of first, second and third reading was complied with. We failed to find if there was a journal to support compliance of these procedures," Del Socorro said.

Del Socorro also questioned the move in marking of historical places and claimed that the city council has no authority and jurisdiction since it is the duty of the National Historical Commission to identify and designate historical places.

In a separate interview, Villarante said the matter will be referred to the Committee on Laws.

Villarante said he will be asking the city planning and zoning office of the complete details of the report.

"We will be conducting an ocular inspection and we will render a report the soonest possible," Villarante said.

Last year, the Kenrich Development Corporation in Sitio Cabutoy, Barangay Pooc was also denied construction of their subdivision by the Talisay City Council Committee on Housing and Urban Development.

In a committee report rendered by City Councilor Doroteo Emit, he said the area is not suitable for the construction of a subdivision and any other structure as it is contrary to its being a natural monument and that the area in Sitio Cabutoy is a naturally irrigated riceland and while Cabutoy hosts Dorica and Hernani springs. (FREEMAN)