The Office of the Building Official is expected to issue a notice of violation to businessman Rey Francis Cabuga involving the construction of a new resort in Brgy. Punta-Taytay, Bacolod City, that has violated laws of various government agencies.
Cabuga is also the owner of Metro Safari and Metro Inn that had also been issued notices of violations by the OBO. Former Punta-Taytay Barangay Captain and now head of the Disaster Risk Reduction Management Office Rufino Alcala, together with Kagawad Glen Mark Pacheo and former Kagawad Angela Daguno, have filed a complaint against Cabuga's project that they said deprived fisherfolk and oyster growers access to the shoreline in Punta-Taytay. The violations were discovered at the committee hearing conducted by Councilor Caesar Distrito, chairman of the Sangguniang Panlungsod Committee on Laws, Ordinances and Good Government, yesterday that was attended by officials and representatives of various government agencies, as well as, Councilors Ana Marie Palermo and El Cid Familiaran. Cabuga was represented by Catherine Cabuga and Janamine Daclizon of Mushroom Realty Development Corp. Actual inspection and investigation by the City Legal Office led by Cesar Beloria and the Department of Environment and Natural Resources, showed that the resort owner has already encroached on the foreshore area by 30 meters, despite the lack of a DENR approved foreshore lease agreement. Cabuga has no environment compliance certificate and no permit from the OBO for the swimming pool he has constructed in the area. What the Environmental Management Bureau has issued was a only a Certificate of Non Coverage (CNC) for the construction of a restaurant. Vicente Lospañes, EMB Bacolod officer-in-charge, said if they are constructing or developing a resort, they need is an ECC. They have not secured an ECC for the reclamation that they have made in the area, Distrito added. OBO head Isidro Sun said that they will issue a notice of violation with a corresponding order of work stoppage to the property owner as soon as possible. During the hearing, Distrito told the representative of Cabuga to stop flaunting their money, and said he felt offended by their attitude. “I feel offended that you're saying that you are paying this and that,” he said. He asked them to comply with the requirements because the government is willing to assist them. Familiaran said “We are for tourism because this will generate tourism and employment, but just follow the law We have national laws that have to be followed.” Daclizon said they have not violated the law because they have asked somebody from Punta-Taytay to facilitate all the permits in their behalf but they have been misled by that person. She said they have all the documents to show that they have not encroached on the foreshore area but there was only a typographical error in the lot number. The DENR also used a different reference point showing that there are only two involved properties, she said. She also said they have bought three properties and are sure that they have not encroached on the foreshore area. All the fishermen who complained were already paid either P100,000, P50,000 or P57,000, she claimed. The officials of various agencies explained to the Cabuga representatives that, based on the inspection and survey they made in the area, their project has already consumed 30 meters of the foreshore area. Beloria also took pictures at the site and the concrete rip-rap which showed that the swimming pool has clearly occupied the foreshore area. Distrito said he will make the committee report and submit it to the Sangguniang Panlungsod for appropriate action.*CGS BY CHRYSEE SAMILLANO Visayan Daily Star
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