Tuesday, October 09, 2007 Pelaez seeks ombud protection from Mayor Radaza ‘harassment’
BUSINESSMAN Efrain Pelaez Jr. yesterday asked the Regional Trial Court to stop two demolition orders issued by Lapu-Lapu City Attorney Vincent Joseph Lim against his three business establishments in the city.
The petition, which also asked for a 72-hour temporary restraining order (TRO), named Lim and the City Government represented by Mayor Arturo Radaza as respondents.
Pelaez is seeking P500,000 for damages, P1 million in exemplary damages, P100,000 in attorney’s fees and that litigation expenses of not less than P100,000 be doubled.
The businessman also asked the anti-graft office for protection from Mayor Radaza and other City Hall officials.
In a nine-page “request for assistance,” Pelaez asked the anti-graft office to invoke its powers under Section 15 of the Ombudsman Law and stop the mayor and his “cohorts” from carrying out their threats to demolish two malls and a beach resort that he owns.
He wants the anti-graft office to do the same for all other companies, businesses and other groups identified with him.
“I am of the opinion that just as the Office of the Ombudsman encourages private citizens to expose government corruption and assist in the prosecution of grafters, it is equally its duty to protect those who answer its call,” he said.
“There can be no other way otherwise corrupt government officials, with the tremendous government powers and resources at their command, can easily intimidate, silence and inflict unwarranted revenge on civil minded citizens,” Pelaez further said.
Deputy Ombudsman Pelagio Apostol, in a separate interview, said he has referred the request to Ombudsman Director Virginia Santiago.
Pelaez, in the complaint filed with the court, said that what Lim did was ultra vires because the authority in issuing demolition orders is not among the powers of a city attorney under the Local Government Code.
The demolition order issued Wednesday last week gave him 10 days from receipt to secure from City Hall a building permit, mechanical permit, electrical permit and plumbing permit for his Marina Mall in Barangay Pusok and Mactan Southgate Properties in Barangay Basak.
If not, “the City shall demolish the structure with the costs be charged against him,” the order read.
Sun.Star Cebu made several phone calls but personnel at the City Attorney’s Office said Lim was having a meeting at the mayor’s office. At 5:30 p.m. he was already out of his office.
Lim had also issued a notice of demolition addressed to Coralpoint Development Corp. in Barangay Punta Engaño for its riprap that was constructed without a permit.
“The acts of the defendants selectively aimed at the corporation closely linked with Efrain Pelaez are a clear naked abuse and misuse of power, an utter lawlessness and a regrettable display of the mistaken notion that defendants can lord it over the hapless people of Mactan,” the complaint said.
It also said the moves seem to part of a grand design to ease out all the businesses owned by the members of the Mactan Island Chamber of Commerce Inc., which has been vocal against the corruption at City Hall.
Pelaez’s Coralpoint Foundation had also filed a graft complaint against the mayor for an alleged overpriced purchase of computers worth about P23 million.
The complaint said the notices are without any basis because the two malls have complete permits and variances secured from the Office of the Building Official of the Philippine Economic Zone Authority, whose legality is acknowledged by City Hall by giving his business a mayor’s permit.
As to the rip-rap at Coral Point compound, the City Engineer’s Office acknowledged its legality by conducting an annual inspection on the structure.
The complaint asked that after issuance of TRO a writ of preliminary injunction should be issued to restrain the defendants or their agents from enforcing the notices of demolition.
And after trial on the merits of the petition, the court should declare the preliminary injunction permanent. (AIV/KNR)
