Parallel investigations by the Office of the Building Official and the City Legal Office will be held to determine the violations of the owner of the newly constructed resort in the coastline of Barangay Punta Taytay, Bacolod City, Councilor Caesar Distrito said yesterday.
The probes will also be conducted with the Community Environment and Natural Resources and the Environmental Management Board. Distrito said “We are not anti-business but are only after compliance with our laws. If we allow anybody to construct their business on government land and just pay penalties later, this is somehow chaotic.” Yesterday OBO head Isidro Sun Jr. conducted an ocular inspection in the resort, but so far his office has not yet served a notice of violation against Rey Francis Cabuga of Mushroom Realty Development Corp., owner of the resort. The resort was constructed without permits from the Department of Environment and Natural Resources, Barangay Punta-Taytay and the City Government of Bacolod. The project has also encroached on the foreshore area by 30 meters, Distrito said. Councilor El Cid Familiaran said the members of the Sangguniang Panlungsod will discuss the actions to be taken against Cabuga. In an interview over DYRL yesterday, Familiaran noted that this is the third time that Cabuga, a businessman from Davao, has violated existing national and local laws, and would rather pay fines and penalties of whatever amount, as long as he could start construction of his business, without getting the needed permits from the concerned agencies. He said the resort owners seem to act as if they are above the law and are disrespecting government agencies and office heads by not getting the required permits before starting construction works. Cabuga also has a hotel at 6 th -Lacson streets which apparently occupies the gutter or the sidewalk. He also constructed the Metro Safari resort in Barangay Alangilan even if the conversion of the land has not been completed, and also with no building permit or even a permit from the barangay, he said. The third one is the resort in Barangay Punta-Taytay where Cabuga constructed a 2-storey hotel, two swimming pools, pavilion, huts, restaurants, among others, and failed to apply for a foreshore lease agreement with the Department of Environment and Natural Resources and also before securing the necessary permit the OBO, he added. During the hearing conducted by the SP Committee on Laws, Ordinances and Good Government chaired by Distrito, Jenamine Daclizon of Mushroom Realty Development Corporation, said that the resort is almost finished. Daclizon said they believe that they have not encroached on the foreshore area for the construction of their two swimming pools, and that these were constructed on titled properties. However, Freddie Bataanon, chief of the Land Management Services of DENR-CENRO Bacolod said that the company has encroached on the foreshore area by 30 meters and need a foreshore lease agreement. Familiaran said they have to comply first with the law because non-compliance with these permits is ground for the non-issuance of the occupancy permit and the environmental compliance certificate. He said the City Legal Office, OBO and the DENR will inspect the area again soon. Cesar Beloria, head of the CLO Composite Enforcement Team said they are waiting for OBO to issue a notice of violation and order of work stoppage. Meanwhile, Councilor Carlos Jose Lopez said he is supportive of the tourism efforts of Cabuga. What he is doing is a welcome move provided he complies with all the requirements of the government. As chairman of the SP Committee on Tourism, Lopez “We need new tourist destinations in Bacolod City.” On the issue that Cabuga violated the Building Code for failure to secure a building permit, Lopez said this all depends on the Mayor if he will enforce the law. OBO personnel said Cabuga has secured a building permit only for the hotel.*CGS BY CHRYSEE SAMILLANO Visayan Daily Star
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