AFTER declaring that it followed government rules in constructing eight posts of its Il Corso development at the South Road Properties (SRP), Filinvest Land Inc. has had a change of heart and heeded Cebu City Mayor Edgardo Labella’s order to move the columns.
This after a meeting held on Wednesday, July 10, 2019 between City Hall officials led by City Administrator Floro Casas Jr., SRP manager Jose Daluz III, City Legal Officer Rey Gealon, City Treasurer Jerone Castillo and FLI officials.
The mayor welcomed the results of the meeting and thanked FLI officials.
“I thanked the management of Filinvest for heeding right away our directive to remove the columns and follow the existing laws, especially on the setback requirement,” Labella said.
Section 804 of the National Building Code provides that for commercial, industrial, institutional and recreational buildings along newly developed thoroughfares, the required minimum setback for land with widths of 30 meters and above is eight meters.
Instead of going to court, Labella and his team opted for a dialogue.
Labella said this is to show to investors that the City Government will take care of its investors while adding that this should serve as a warning to future locators.
“It is our intention to be business-friendly. That is why before taking any drastic action, we allow them to make a proper rectification to observe at all times the provision of law regarding setback,” Labella said.
Earlier, FLI said it had followed all the requisites before it constructed Il Corso, including getting the approval of the Office of the Building Official and the Department of Public Works and Highways for the construction of the “eight advance footbridge posts.”
FLI said the eight columns are in preparation for the construction of “a footbridge that will link Il Corso mall to the residential communities across within the 40-hectare City di Mare township project,” which is a joint venture project of FLI and the City.
The City, through SRP manager Daluz, said the pillars encroached on the setback for lands abutting a road right of way.
Daluz said what the City wants is for people to have enough space to walk since the columns are now situated beside the sidewalk.
Daluz said in their next meeting, FLI will possibly submit its new building design.
15 days ultimatum
The City Legal Office sent a letter to Tristan Las Marias, FLI senior vice president for Visayas and Mindanao, informing him of the violation of Presidential Decree 1096 or the National Building Code.
In the letter, Gealon gave FLI 15 days to remove the columns.
“It is required within 15 days from receipt thereof that you remove those eight concrete columns or posts encroaching upon the sidewalk and comply with the minimum setback of 8 meters and to submit a relocation survey signed and sealed by a geodetic engineer,” part of the letter, which was signed by Gealon and Daluz, read.
In December 2017, then mayor Tomas Osmeña gave SM Prime Holdings Inc. an ultimatum to remove its cube structure in front of SM Seaside City Cebu because it encroached on Vestil Road.
The mall was able to move the sidewalk but not the cube.
In 2015, the SM-Ayala (Land Inc.) consortium and FLI were declared winning bidders in the 45.2-hectare lot sale in the SRP.
Of the 45.2 hectares, the SM-Ayala consortium bought 26 hectares, while FLI bought 19.2
hectares. The buyers have initially paid P8.3 billion to the City out of the P16.76 billion total sale price.
When he assumed office in 2016, Osmeña said he would rescind the contract of sale with the three developers, saying the transaction was illegal.
Osmeña said former mayor Michael Rama was not authorized by the City Council to sell the lot as required under City Ordinance 2332.
FLI cooperated and rescinded the sale. SM and Ayala did not.
Labella said his administration will honor the rescission agreement between FLI and Osmeña. (from PAC of SuperBalita Cebu/VLA)