Traders' lawyer warns city engineer

Wednesday, January 25, 2012

CITY OF SAN FERNANDO – The lawyer of several businessmen in this city has warned City Engineer Nelson G. Lingat of possible lawsuits for making baseless accusations affecting the business community instead of calling for a dialogue or public consultation.

“It is a form of misconduct under Republic Act No. 6713, otherwise known as the Code of Ethical Standards for Public Officials, and possibly a criminal act under Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act,” Lawyer Dante S. David said in a letter sent to Lingat.

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David's warning came after business owners along Jose Abad Santos Avenue complained on Lingat’s letter, accusing them on failing to meet the minimum setback requirement under the National Building Code and demanding the removal of alleged encroachments within seven days from receipt.

“My clients denounce your action and consider your letter a form of harassment,” David said, noting that the letter was vague and lacking in substance and clear legal basis.

He added that Lingat's actuation runs counter to the city's slogan “Business-Friendly City”, as he accused the owners of encroachment like they were informal settlers.

David said the subject establishments are constructed with building permits in accordance with the Building Code.

“In fact, some of these structures were in existence long before the Implementing Rules and Regulations (IRR) of PD (Presidential Decree) 1096 were promulgated,” David said.

David reminded Lingat that businessmen are partners of the city towards economic progress and development and therefore are entitled to a “modicum of courtesy” and must be accorded due process through a public hearing or consultation.

“As a public official, we earnestly hope you are properly guided in whatever action you take to prevent a serious misunderstanding with the business community and the public at large,” David urged Lingat.