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Wednesday, February 21, 2007
Kings ask court to stop Lapu mayor
By Karlon N. Rama
CEBU CITY -- After suing the Lapu-Lapu City government for demolishing their property in Barangay Agus and filing a separate anti-graft charge against the mayor, brothers Richard and Raphael King are now on the defensive.
The Lapu-Lapu City Government issued last Monday a notice of demolition against a badminton court and sports complex that the brothers built beside their Crown Regency Hotel in Barangay Basak.
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The complex, based on the letter signed by City Attorney Vincent Joseph Lim, "was erected sans any building permit issued by the City."
The notice gives the Kings 10 days from receipt to voluntarily tear down the structure.
"Failure to act within 10 days from receipt will constrain the City to demolish the structure with cost chargeable to you," the single-page letter read.
The Kings, late Tuesday afternoon, went to the Regional Trial Court (RTC) and filed a civil suit for mandamus, nullity, injunction and damages and sought the issuance of a 72-hour temporary restraining order.
They want the court to stop the demolition, nullify the order and require City Hall to pay P1.5 million in moral and exemplary plus attorney's fees and cost of suit.
The Kings and Radaza and other City Hall officials have tangled over a demolished marina in Agus. The businessmen-brothers filed P52.2-million damages suit against the city officials over the demolition.
They also asked the Office of the Ombudsman-Visayas to look into the allegation that Mayor Radaza asked for a P15-million cut from the P500 million worth of government projects that was awarded to contractor Nelson Yu.
A DVD of a footage taken by a security camera in the Kings' conference room showed that Yu made the revelation when the Kings asked him if the mayor asked for a share.
Yu has said he was "framed up."
The sports complex in Basak is the second property of the Kings the City Government is after.
"Undoubtedly, the acts of all the respondent are starkly remarkable not just for their wanton disregard for established judicial tenet but a systematic unjust action and wholesale unlawful actions pursued intended to cause mischief and havoc on the property of the petitioner," the Kings said in their petition.
Sun.Star Cebu tried but failed to reach the Radaza camp, through counsel Richard Sison, for comment.
Based on the 38-page pleading lawyer Deolito Alvarez prepared and submitted to the RTC, the Kings intend to question the propriety of the notice of demolition, adding that they applied for a permit prior to the construction but was arbitrarily never given one.
Among the permits applied for was a location clearance and the application was filed as early as March 16, 2005.
They said it was not granted although they had already the requirements in place-a barangay clearance dated seven days earlier, a barangay construction clearance dated March 5 of the same year, and an electrical permit clearance dated March 9.
The application was "temporarily denied."
From the April 5, 2005 letter of City Planning and Development Officer Cesario Silawan, as attached to the pleading, it was learned that the multi-purpose building was already completed prior to the application.
Moreover, the property where the building was put up is subject to an expropriation case City Hall filed.
The Kings are also questioning the authority of the Lapu-Lapu City Government to issue orders and carry out demolition, saying only the courts may do so.
"The notice of demolition...is downright illegal and a senseless perpetuation of criminal acts violative of the constitutional prescription against deprivation of private property without due process of law," the pleading read.
In the application for a restraining order, the Kings cited "imminent danger and destruction of the business establishment and properties."
"Respondent pleads for protection and consideration of equity, through a writ of mandamus...Only the court can stop these harassment actions of all the respondent," they added. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Bacolod. (February 21, 2007 issue)
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