Monday, September 24, 2007 Floirendos told to demolish boat repair shop By Ben O. Tesiorna
THE City Government of Davao has ordered the owner of the Pearl Farm jetty located in Lanang Beach to dismantle an illegal structure they have set up along the beachfront.
In a letter dated September 20, the Business Bureau informed the Antonio Floirendo Corp. (Anflocor), owner of the famous Pearl Farm Resort located on the Island Garden City of Samal and its jetty in Lanang, that the boat repair shop it has erected in the area is illegal.
"As per SP (City Council) Resolution 10254 and Ordinance 4042, Series of 1996, the said location where the shop is operating falls within an Open Space/Easement Zone (OSE), wherein said activity is not among the allowable uses in the said zone. Thus, it be advised to transfer its location more specifically, in a Medium Industrial Zone (1-2)," Business Bureau officer in charge Jhopee Agustin stated in his letter to lawyer Nicolas Banga, senior manager of Floirendo-owned Damosa Land Inc.
The City Government also said they will not be issuing any business permit for the boat repair shop "unless it complies with the zonal deficiency requirement."
The Business Bureau ordered Anflocor to stop its boat repair operation immediately and transfer its shop to a medium industrial zone area within five days from receipt of the letter.
"Failure to comply with this order shall constitute a ground for the imposition of the appropriate legal action against you," the letter states.
Leticia Tecson, owner of the Chateau del Mar resort located right beside the Pearl Farm jetty in Lanang Beach, earlier complained about the boat repair shop, saying it prevents guests of her resort free passage to the Davao Gulf, which is a few meters away from Chateau del Mar.
The legal battle between Tecson and the Floriendos started when the two investors started building their separate resorts at Lanang Beach about two years ago.
Tecson recently filed malicious mischief complaint against the Floirendos before the barangay.
Tecson claimed that Ricky Floirendo "wantonly and with bad faith and premeditation to harm her business cause the dismantling and removal of the stairs" placed by Chateau del Mar as access from the resort to the beach.
"According to the Civil Code of the Philippines (CCP) Article 694, Ricky Floirendo is guilty of obstructing or interfering with the free passage to a body of water, which hinders and impairs our use of the beach which is vital to our hotel business," Tecson said in her letter to Barrio Vicente Hizon barangay captain Salvador del Rosario.
Tecson said she is also filing complaint for violation of CCP Article 695 for abatement of nuisance against Anflocor for the construction of its boat repair shop just right at the back of the Chateau del Mar resort.
The Anflocor management meanwhile assured the City Government that it will comply with the order "after all legal means have been exhausted."
The management stood by their position that the boat repair facility is operating within the law and should not be the subject of a demolition order.
