THE head of an organization composed of resort owners in the Island Garden City of Samal (Igacos) re-echoed on Monday his call to the local government unit (LGU) to impede the closure of some resorts that refused to pay the penalty for establishing jetties along the shoreline.
Samal City Resort Owners Association (SCROA) president Engr. Pasto Lozada Jr. told reporters during the Kapehan sa Dabaw at the The Annex of SM City Davao on Monday that some members of the organization have already received notices of closure from the LGU, yet he insisted that the closure should not be executed, claiming the penalties imposed were unjustifiable.
The penalties, ranging from P50,000 to P300,000, were imposed against resort owners with jetties by virtue of the City Ordinance 2009-150 or the Revised Comprehensive Zoning Ordinance of the Island Garden City of Samal.
"We believe that there is nothing illegal in the establishing of jetties. Since the ordinance was enacted on May of 2009, why is it that from 2009 to 2013 we paid the zoning clearance? So meaning to say from 2009 to 2013 there is nothing illegal in everything we constructed," Lozada said.
He also said that on the same period, their business permits were granted after complying with the zoning clearances.
It was just this year that the penalties were imposed and the renewal of the business permits were barred until the fines were settled.
"It is unconstitutional to enforce a law retroactively. They should exempt those who will be affected by the new law," Lozada said.
The SCROA president also lambasted the LGU for the solutions it suggested, claiming the LGU offered resort owners to either demolish the jetties at their own expense or apply for a Special Investment Project (SIP) permit costing at least P30 million.
Lozada said that if a resort owner is granted an SIP permit, the owner can make expansions that may be deemed conflicting with the same ordinance.
Lozada said Igacos Mayor Aniano Antalan, on January 8 this year, assured the resort owners that their business permits will be renewed while the penalties could be settled later. Antalan's assurance, however, had no effect as resort owners allegedly were still denied renewal of their permits.
But while the notices of closure have yet to be acted upon, Lozada said they already filed a case before the Regional Trial Court (RTC) Panabo City questioning the enactment of the penalties and the notices of closure.
"Very soon, I'm sure the LGU of Samal will be receiving a temporary restraining order, injunction or a mandamus. The case states that they should allow us to renew our business permits, and in the meantime that our business permits are not renewed, an injunction should also be issued so that they can't order the closure of any resorts in Samal Island until this case is settled and a decision is made in court," Lozada added. (RSA)