Davao City files new case vs mall developer

THE City Government of Davao has filed another lawsuit against Taipan Development Inc. or the Gaisano Capital Group for violation of the National Building Code of the Philippines when it built a mall in Davao City without securing prior permits before the construction.

Based on the report from the City Information Office, the lawsuit was filed last July 12 barely a month after the first case was filed against the company for violation of Davao City's Zoning Ordinance when it built Gaisano Capital Mall in a medium density residential area and a water resource zone in Catalunan Pequeño.

The case was filed by the Davao City Engineer's Office after the company failed to secure a building permit as proven by the inspection reports issued on June 29, 2016 or a month after the construction of the company's Gaisano Capital Mall.

In the same report, engineer Joseph Dominic Felizarta, acting City Building Official, said his office has sent the company two notices of violations and work stoppage order on June 30 and August 11, 2016.

The affidavit of complaint filed by Felizarta underscored the failure of the company to comply with the order that was made evident during ocular inspections conducted by a team from the Office of Building Official.

Last January 11, a fire hit Gaisano Capital Mall and this prompted Felizarta to order an inspection, which confirmed the continued defiance of the company to heed the orders of the local government.

The mall developer was also sued by the Davao City LGU last month for violation of Ordinance No. 0546-13 or 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 CIO in the same report stated that the suit says Gaisano Capital Mall was built 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.

The Gaisano Capital has yet to issue their official statement on the case.
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