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Wednesday, November 16, 2005
Civil Code covers issue on David statue
By Barbara Carla R. Quiero
THE controversial statue of David at the Baywalk Park near Queensland Lodge at Times Beach, Matina is covered by the Civil Code of the Philippines, a City Legal Officer said.
City Legal Officer Melchor Quitain said that the City Council has to go over the law.
"I made a recommendation to the Sanggunian (Council) to look into Article 449 of our Civil Code," pointed out Quitain.
City Mayor Rodrigo Duterte had earlier said he would give City Council a final say on the matter since they were the first to raise the issue.
Quitain said Article 449 is a law on property that states "anybody who made a construction on land, which does not belong to him loses that construction without getting any right to reimbursement or indemnity if he acted in bad faith."
The mayor admitted that if he had demolished David statue after City Legal Office released its opinion on the construction, then he would have to do the same to other structures in the area declared illegal.
City Administrator Wendel E. Avisado Thursday said that there are 200 to 300 structures in the area composed of residential and commercial establishments.
Quitain noted that the code is applicable to all other structures that are constructed in bad faith.
According to Quitain the erection of the structure by the management of Queensland lodge without first securing requisite permits from the City Government "all spell arrogance in capital letters and betray its disparaging attitute towards the law and duly constituted authority."
However, the city at present is still looking into the demolition of the structures in the area because it would affect the livelihood and welfare of many illegal occupants along Times Beach.
For Bisaya stories from Davao. Click here. (November 16, 2005 issue)
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