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Monday, October 10, 2005
Stalls survive 3 years after demolition order
By GingGing A. Campaña
Sun.Star Staff Reporter
THREE years have passed but the Department of Public Works and Highways (DPWH) 7 still has to implement an order of the Office of the Ombudsman-Visayas.
The order: Demolish the illegal stalls of businesswoman Conchita Tan at the back of the Basilica del Sto. Niño on the sidewalk of D. Jakosalem St.
In 2001, when sidewalk vendors near the Basilica del Sto. Niño were threatened with their stalls’ demolition, Tan built her stalls and offered these on a lease-to-own basis at P75 per day, for six years.
Tan represented Young Builders.
For a reduced price, only one group accepted Tan’s offer, the Basilica United Vendors and Photographers’ Association (BUVPA).
No guarantee
The Sto. Niño Sidewalk Vendors’ Association (SNSVA) rejected it due to the lack of a guarantee that the “illegal stalls” will not be demolished.
Because of SNSVA’s defiance, refusal to engage in a dialogue to relocate and their protest rallies in front of City Hall, Mayor Tomas Osmeña ordered a series of surprise demolitions before daybreak that year.
SNSVA’s stalls along Osmeña Blvd. were torn down.
The mayor, however, maintained that he will not demolish Tan’s stalls, despite the lack of a building permit and its construction on a public property.
He said he could not punish the BUVPA members for following his orders.
He later decided to send a notice to Tan to voluntarily dismantle her stalls, following criticisms he favored the businesswoman.
Ombudsman
The SNSVA eventually filed a complaint before the Office of the Ombudsman against the mayor.
The anti-graft office cleared Osmeña, but ordered the Department of Public Works and Highways (DPWH) 7 to demolish the stalls.
The agency, however, said it could not dismantle the stalls, as it has no police powers. It later decided to coordinate with the City Government in implementing the order.
However, it ordered Tan to voluntarily dismantle the stalls; otherwise, legal action will be taken against her.
DPWH lawyer Agustinito Hermoso sent Tan a notice, dated Oct. 1, 2002, and cited the violation she allegedly committed.
Tan allegedly violated the National Building Code because she lacked a building permit and the Philippine Highway Act of 1953, which declares it “unlawful for any person to usurp any portion of right-of-way.”
The offense is punishable by a maximum fine of P1,000 or imprisonment not exceeding six months.
Voluntary
Young Builders Corp.’s lawyer, Francis Zosa, then wrote Hermoso and relayed her client’s willingness to demolish the stalls as soon as the vendors leave.
In late 2002, DPWH, through Hermoso, recommended that City Hall officials request their head office that a portion of the D. Jakosalem sidewalk be donated to the City Government.
This way, the City Council can declare the portion a vending site.
Also, it will relieve DPWH of one road that it is supposed to maintain, Hermoso had said.
He was sure that DPWH Manila would approve it.
An election passed in 2004 and new councilors were elected into office. Top officials of the DWPH 7 and DPWH Manila have been changed.
It’s been three years since Hermoso wrote the City.
But no deed of donation has been signed. Nor was any ordinance passed, declaring the area a vending site.
In an interview, DPWH 7 Assistant Director Marlina? Alvizo said they have not discussed the matter with their director.
Tan, who was convicted for embezzling P62,500 from a transport cooperative, is now in jail.
She was sentenced last November to serve 11 to 18 years for estafa, despite her pleas for compassion from the court, considering her deteriorating health.
Sun.Star Cebu learned during a visit to the stalls that the vendors have stopped paying their P75 daily lease.
Nery Mancera, a vendor and holder of stall number 3, said she heard that Young Builders already donated the stalls to the City Government.
One thing is certain, though, Mancera said in Cebuano: “We will never own these stalls as she (Tan) earlier promised us.”
“Wa na man mi nagbayad sa stalls sukad nawala si Tan. Sa gobyerno man gyud ni (We’ve stopped paying since we lost track of Tan. The government owns these stalls now,” she added.
Mancera and her fellow vendors, however, are paying their daily P5 stall fee (alcabala) to Barangay Sto. Niño.
The City Treasurer’s Office also issued a business tax certificate to each stall owner who diligently pays his or her business taxes yearly. (GAC)
(October 10, 2005 issue)
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