Contributed by Zarah Jane I. Diche
DAVAO CITY, Philippines — The city government of Davao filed another lawsuit against against Taipan Development, Inc., or Gaisano Capital Group based in Cebu City for alleged violation of the National Building Code of the Philippines after it built a mall without a permit.
The suit that was filed on July 12 and its said the Gaisano Capital Mall built in Catalunan Pequeño lacks permits and clearances.
The lawsuit was the second the city government filed after it earlier charged the developer on June 28 of violating the Davao City’s Zoning Ordinance for building the mall in a medium density residential area and a water resource zone in Catalunan Pequeño.
Under Ordinance No. 0546-13 or the Comprehensive Zoning Ordinance of Davao City — particularly Section 1 of Article XIV, all owners/developers shall secure locational clearance from the Zoning Administrator prior to conducting any activity or construction on their property/land.
The mall started construction on May 1, 2016. However, the city government said it was only on May 17 when the company sought for the issuance of a zoning certificate. The certificate, issued the next day by Zoning Administrator Roy Ryan Rigor, indicated that the project is located in a medium density residential zone and within a water resource area.
In a City Information Office dispatch on Thursday, it said the second case was filed by the Davao City Engineer’s Office after the company failed to secure a building permit as proven by the inspection reports issued on June 29, 2016 or a month after the construction of the company’s Gaisano Capital Mall.”
Engr. Joseph Dominic Felizarta, acting City Building Official, said his office has sent the company two notices of violations and work stoppage order on June 30 and August 11, 2016.
The affidavit of complaint filed by Felizarta underscored the failure of the company to comply with the order that was made evident during ocular inspections conducted by a team from the Office of Building Offical.
On January 11 this year, a fire hit the Gaisano Capital Mall and this prompted Felizarta to order an inspection, which confirmed the continued defiance of the company to heed the orders of the local government.
Davao Today tried to get Gaisano Capital’s comment on the case but it was yet to issue a statement. (davaotoday.com)
