Mall sued for failing to secure permits, clearances

THE City Government of Davao sued Cebu-based Taipan Development Inc. for failing to secure permits and clearances prior to the construction of Gaisano Capital Mall in a medium density residential area and a water resource zone in Davao City.

The City Government said the company, which is doing business under the name Gaisano Capital, violated the Comprehensive Zoning Ordinance of Davao City particularly Section 1 of Article XIV, which states that all owners/developers shall secure locational clearance from the Zoning Administrator prior to conducting any activity or construction on their property/land.

The charges, filed on June 28, came after the company's illegal construction of Gaisano Capital Mall in Catalunan Pequeño despite the absence of permits and clearances.

The mall's construction started on May 1, 2016. On May 17, the company sought for the issuance of a zoning certificate. The certificate, issued the next day by Zoning Administrator Roy Ryan Rigor, clearly indicated that the project is located in a medium density residential zone and within a water resource area.

In November 2016, the City Government was informed about the continued construction despite the lack of necessary clearances and permits.

The company received a notice of violation from the City Government on December 16 through Zoning Administrator Rigor.

In the notice, Rigor also ordered the company to refrain from operating the project or expanding operations and undertaking any repairs and improvements unless permitted by his office.

“They have not secured clearance at all,” Rigor said. “But even if they sought for one, we would not have released any clearance because the location of the mall is a residential zone and it's within a water resource zone.”

The Ordinance states that violators of its provisions shall be criminally charged and, upon conviction, be punished by a fine of not less than 10 percent but not more than 50 percent of the project cost or by imprisonment of not less than six months. (PR)