The Sangguniang Panlungsod Committee on Laws, Ordinances and Good Government found the business venture of Rey Francis Cabuga in Brgy. Punta Taytay, Bacolod City, to have violated existing laws of various government agencies.
This surfaced yesterday during the hearing conducted by the committee chaired by Councilor Caesar Distrito. The hearing was conducted following a complaint filed by former Punta Taytay barangay captain and now head of the Disaster Risk Reduction Management Office, Rufino Alcala, Punta Taytay Kagawad Glen Mark Pacheo and former Kagawad Angela Daguno. Complainants claimed Cabuga did not allow a portion of his property to be used as an access road for the fisherfolk in the village, whose livelihood is dependent on the sea. Present during the hearing were officials and representatives of various government agencies related to foreshore lease agreement, building permits and other regulatory agencies, and councilors Ana Marie Palermo and El Cid Familiaran. Cabuga was represented by Catherine Cabuga and Janamine Daclizon of the Mushroom Realty Development Corp. As per actual inspection and investigation by the City Legal Office led by lawyer Cesar Beloria and by the Department of Environment and Natural Resources, it was found out that the owner has encroached on the foreshore area by 30 meters, despite the lack of a DENR-approved foreshore lease agreement. Beloria presented pictures he took at the site and the concrete rip-rap and the swimming pool which clearly occupied the foreshore area. They have no Environmental Compliance Certificate (ECC) and permit from the Office of the Building official (OBO) for the swimming pool Cabuga had caused to be constructed in the area, the investigation showed. What the Environmental Management Bureau (EMB) has issued was a Certificate of Non-Coverage (CNC), which is for the construction of a restaurant, it was also found out. If they are constructing or developing a resort, they don’t need a CNC but an ECC, said Vicente Lospañes, officer-in-charge, EMB Bacolod. They have not secured an ECC for the reclamation they have made in the area, Distrito disclosed. OBO head Isidro Sun said they will be issuing a notice of violation with a corresponding order of work stoppage to the property owner, as soon as possible. Distrito, meanwhile, said he was offended by the attitude showed by the representatives of Cabuga, describing it as apparently flaunting their riches, as if they are licensed to violate the existing laws because of their financial capability to pay the fine or any penalty. He warned Daclizon to stop flaunting their money and asked her to follow the law. “All they need to do is comply with the law. This is not in aid of who is much richer. This is a city of laws. Rich or poor should abide (by) the law,” Distrito told the Cabuga representatives. Distrito said he will come up with a committee report and submit it to the City Council for appropriate action./WDJ By Ranie S. Azue Watchmen Daily Journal
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