Site Issues/Concerns:
1. Observation of Easements – The Stria has observed more than twenty (20) meters easement from the shoreline. This is more than the legal requirement as mandated by law. In comparison with all the other existing developments along the coast of Bantayan island, Stria is the most compliant in this aspect.
All other corners of The Stria also observe the correct easements mandated by the National Building Code.
2. The Stria has also put in place the necessary Sewage Treatment Plan (STP) for the municipal waste it will generate, as well as the Materials Recovery Facility (MRF) which it has indicated in its submitted plans.
Permitting Issues/Concerns:
1. The Stria is built on a property which has been registered under the Torrens System, registered under TCT No. 102-2021002485. The Torrens title of the property shows that it is clean and does not indicate any restriction as to the use of the subject property.
2. Barangay Poblacion, where The Stria is located, issued a favorable resolution endorsing the condominium/resort project under Resolution No. 07 Series of 2022. Prior to the issuance of said Resolution, the Barangay conducted a public consultation with the local residents.
3. Development of The Stria has also been favorably endorsed by Bantayan Island Wilderness Area (BIWA) to the Protected Area Management Board (PAMB) under Resolution No. 14 Series of 2022.
4. The Stria has been granted an ECC (ECC-OL-R07-2022-0417). The ECC indicates that the project has a total gross floor area of 22,781 sqm, which is a more or less an accurate assessment of the size of the Project. It must be noted that no ECC may be granted if the applicant has not even obtained a favorable PAMB Resolution.
Furthermore, upon the grant of the ECC, all the necessary signages as required to be posted on site were duly accomplished.
5. Recent media reports seem to indicate that The Stria has violated environmental laws pertaining to height restrictions. This is no farther from the truth.
LGU Ordinance and Resolution in support of Stria – The Municipality of Santa Fe, where the property is located, has allowed the Project to be conducted, through the issuances of the following:
a. The Municipal Government of Santa Fe itself, through its Sanggunian Bayan, has also issued an Ordinance (Municipal Ordinance No. 14-2023) “Allowing an Elven (11) – Storey Mixed Used, Commercial and Residential Project called “The Stria Santa Fe” to be built by Fifth Avenue Property Development Corporation within the Barangay of Poblacion, Santa Fe, Cebu.”
b. Resolution No. 83-2022 – A Resolution favorably endorsing “The Stra Santa Fe” owned and managed by Fifth Avenue Property Development Corporation located at Poblacion, Santa Fe, Cebu to the PAMB for the Issuance of PAMB Clearance, the DENR for the Issuance of Environmental Compliance Certificate (ECC) and to all other Pertinent Government Agencies.
CAAP Approval – The Stria has been granted a Height Clearance Permit issued by the Civil Aviation Authority of the Philippines (CAAP), that the height of the Stria poses a non-issue for purposes of aviation authorities.
DENR Issuances – It must be recalled that while Bantayan island had been declared a “wilderness” area under various laws, particularly Presidential Proclamation 2151, and the NIPAS Act, including its amendments, nowhere in said laws indicate any height restrictions over structures located within Bantayan island.
The issue on height restriction only came about due to an administrative rule only, specifically, Department Administrative Order (DAO) 2009-09, issued in 2009. Noteworthy is it to mention that this Department Order does not directly nor expressly prohibit the construction of structures higher than ten (10) meters.
After careful reading of the Department Order, it is submitted that the limiting of height restriction of structures in accordance with the said DAO should only fall within government properties categorized as “protected zones.” Thus, the said Department Order should apply only to properties that fall under the possession and ownership of government, and certainly NOT private properties titled under the Torrens System.
6. The Stria was initially planned to be built as a condominium project. As such, the necessary License To Sell (LTS) was applied before the Department of Human Settlements and Urban Development (DHSUD). After much rigorous screening of submitted documents, The Stria was granted its License To Sell (LTS No. 0002203).
Prior to the issuance of the LTS, one of the most basic requirements that is required is the Publication requirement. The publication states that an application for registration of the condominium project has been filed, and that the application and supporting documents are open to any interested party during reasonable business hours. In short, The Stria complied with this, with the Notice being published once a week for two consecutive weeks, in two newspapers of general circulation, one in English and one in Filipino.
It must be remembered that DHSUD is the department which regulates condominium developments. Because of this, no LTS can be issued when the developer cannot comply with all the stringent requirements of DHSUD, and present various permits such as the ECC, the building permit, among other permits issued by other agencies of government. Thus, the issuance of the LTS in favor The Stria shows that it has complied with all needed approvals and documentation.
7. Building Permit – The Stria, being compliant with the National Building Code, was granted a building permit by the LGU under Building Permit No. 090723-00092.
CONCLUSION
There is nothing illegal about the development of The Stria. It has valid title over the property where it sits, which title is clean and bears no encumbrances apart from those voluntarily placed by the developer as required by law. There is nothing secretive about the development, in fact, it has always been open about its developmental plans, and has conducted public consultations and the necessary posting and publication of information about the project, for the public to be fully appraised of the situation. It has obtained all the necessary approvals, permits and licenses for it to be able to build its structure on its own titled property.