Editorial: Follow the rules

THE City Government of Davao has recently filed a case against Taipan Development, Inc. for failing to secure permits and clearances prior to the construction of Gaisano Capital Mall in Mintal, Davao City.

"We refused to confirm their request of a locational clearance last year because their mall is planned to be put in a residential area within a water resource zone, which is a violation of our Zoning Ordinance," said Roy Ryan Rigor, Davao City Planning and Development Office (CPDO) acting administrator.

Even though it was not able to secure permits and clearances, the company continued to construct their mall, which is located in a medium density residential area and a water resource zone in Davao City.

Despite not having the necessary permits and clearances, the company continued with the construction of the mall. The developers were later issued a notice of violation and were told to refrain from further operations on the project unless given permission.

Eventually, the city filed a case against them for violating the Comprehensive Zoning Ordinance of Davao City particularly Section 1 of Article 14, 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 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.

In a recent interview, Rigor said Taipan Development, Inc. is not the only one that is violating the city's zoning code as there are establishment owners or developers throughout the city that have pending approved location clearance but still continued with the construction and some having completed their projects.

The Zoning Ordinance of Davao City and the Comprehensive Land Use Plan (Clup) is readily available to the businessmen or developers. The Davao City Investment and Promotion Center (DCIPC) and the CPDO will also cater to the needs and questions on the matter.

To future developers and businessmen who plan to set up a project in certain areas in the city please make sure that you are able to secure your necessary permits and clearances to ensure that you won't experience problems along the way. To put it simply, follow the rules.

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