Monday, September 03, 2007 Probe on 'land deal' begins By Rimaliza Opiña
THE investigation on the alleged irregular disposal of lots to SM City Baguio by the Department of Environment and Natural Resources (DENR) has started.
The fact-finding committee created to investigate the allegation has tasked the City Legal Office to write to the DENR to clarify the issues that have since cropped up after the matter has been discussed at the City Council.
Before a formal investigation is done, the committee, in a meeting over the weekend, decided to let the DENR answer why it disregarded communications sent by the Department of Public Works and Highways (DPWH) Baguio City District Engineering Office, which stated that in the ongoing construction of SM's cyber building, the allocation of the road-right-of-way was not enough.
City Legal Officer Melchor Carlos Rabanes was also tasked to ask the DENR why an order of award was issued to Shoe Mart Investment Corporation (SMIC) instead of a transfer certificate of title (TCT).
Baguio Councilor Rocky Thomas Balisong earlier claimed in a privilege speech that Original Certificate of Title (OCT) 1, a portion of which is the SM cyber property, is public property.
Public properties are conveyed via public auction and ownership is through the issuance of TCTs. But the DENR earlier said OCT 1 is not a public land.
The committee also wants the DENR to explain why it allowed SM to continue with the construction of the cyber building when the order of award required the company to introduce improvements at the site, six months from receipt of the award.
During the committee's meeting, Balisong reiterated that the DENR should have cancelled the order of award given to SM for failure to comply with some conditions.
The committee also agreed that in hearings that they would soon schedule, only one party would be invited at a time. Concerned parties include the DENR, SM, DPWH-BCDEO, City Registry of Deeds and the city buildings and architecture offices.
