Imperial Court may get mayor’s permit-A A +A
Saturday, February 26, 2011
BACOLOD City’s Case Review and Recommendation Committee (CRRC), which is composed of lawyers Cesar B. Beloria, Jr., Romela T. Amarilla and Silverio Sorbito IV, recommended that a Mayor’s Permit may be issued to the Bacolod Imperial Court, Inc. after the motel pays the penalties for the ordinances it violated.
The penalties are the P5,000 under Article 13 in relation to Article 3 and/or Article 4 of City Ordinance 308, Series of 2002 and a another penalty of P5,000 for violating the City’s Tax Ordinance No. 93-001, Series of 1993, Section. 62 in relation to Section 47 thereof.
The CRRC said that the DENR, being the proper authority to determine the propriety and issuance of the Environmental Compliance Certificate (ECC), had already issued ECC No. – R6 0910-309-9820 to
Bacolod Imperial Court, the business project must be considered to be in order under the presumption of regularity.
If doubt exists as to the regularity of the issuance of the ECC, the action taken by the DENR-EMB must be questioned under a different jurisdiction and not to the City of Bacolod as a matter of legal recourse, it added.
The CRRC believed that more than sufficient time was indulged by the City Council to deliberate and resolved the issue on the propriety of the issuance of the ECC. In fact, debates and discussions had already passed the halls of the City Council regarding the matter.
While deliberations are in its course, the City Council had already been aided by the opinion of the DENR–EMB, reiterating that the ECC was issued properly and validly in favor of Bacolod Imperial Court.
However, the issue remains unresolved.
The DENR-EMB, by virtue of its Memorandum Circular No. 439, Series of 2009, stated that “permits, licenses, clearances, endorsement and other similar documents from other National Government Agencies and Local Government Units should no longer be required as pre requisites for the processing of ECC and CNC applications.”
If there is any discussion and argument left to be deliberated on the propriety of the issuance of the ECC, the same should be addressed to the DENR and not to the City of Bacolod. Clearly, it is not the City of Bacolod which is the proper authority to resolve or decide whether the ECC was properly and regularly issued, said the CRRC in its recommendation.
Moreover, Beloria said that Bacolod Imperial Court will have to apply for a business permit for 2010 and pay the corresponding penalties and also to apply for a renewal of the permit for 2011, including penalties.
Should they comply with all the requirements and pay all the necessary penalties, they may be issued a Mayor’s Permit, he said. (Carla N. Canet)
Published in the Sun.Star Bacolod newspaper on February 26, 2011.