THE Office of the City Building Official (Ocbo), as the private complainant, has been questioned over the withdrawal of case against a mall in Talomo.
“The Ocbo can file a case against violators of the building code. But the question is, does the power to file a case against violators also carry the power to compromise or to withdraw the case? The power to file is a different prerogative,” committee on environment chair Councilor Diosdado Mahipus said in the vernacular Tuesday, February 12, during the Pulong-pulong ni Pulong (PPP).
He added that Ocbo should not have entered into a compromise without prior approval from the policy-making body which is the Sangguniang Panlungsod (SP).
The applicant, Gaisano Capital Group or Taipan Development Incorporated, faced a case filed by the Ocbo in 2017 before the Municipal Trial Courts (MTC) Branch 3. The OCBO said Gaisano Capital constructed its commercial building without a business permit.
However, last January 27, the committee received the notice to withdraw indicating Ocbo has withdrawn its complaint against Taipan.
A compromise agreement was also made between the two parties.
“Every time that the executive performs an act, especially if it incurs liability, there is a need for prior consent. In this case, the observance of this procedure is silent,” Mahipus said.
Mahipus took as an example a person caught in possession of marijuana and the police will let the crime slip away because the police decided to compromise.
“Since this is a special law, I do not really know whether they can compromise the interest of the local government. After all, this is a violation of the regulation,” he said.
The Davao City Legal Office has been helping review the case of Ocbo and Taipan.