The Bacolod Sangguniang Panglungsod yesterday disapproved a resolution urging the Office of the Mayor to issue a cease-and-desist order against the Bacolod Imperial Court Inc. for having been issued a defective certificate of occupancy, as the same was based on a wrongful interpretation.
Those who voted in favor of the resolution were Councilors Elmer Sy, Sonya Verdeflor, El Cid Familiaran, Homer Bais and its author Archie Baribar, while Councilor Catalino Alisbo abstained.
Those who voted against it were Councilors Caesar Distrito, Em Legaspi-Ang, Roberto Rojas, Al Victor Espino and Mona Dia Jardin.
Vice Mayor Jude Thaddeus Sayson, as presiding officer, also voted against Baribar’s resolution to break the tie.
Sayson yesterday said the resolution should be addressed to the Office of the Building Official. He believes it is the OBO that should be answerable for whatever mistakes it had committed and not for the business to suffer for its wrong interpretation of the law, he added.
The motel was shut down by the Bacolod City Legal Enforcement team on Dec. 30, 2010 for operating without a Mayor’s permit.
Distrito said he believes that the resolution is an “overkill” since they had already passed another resolution asking the mayor to decide whether or not to grant the motel a business permit, taking into consideration that it did not comply such requirement.
He said the Department of Environment and Natural Resources claimed that an Environmental Compliance Certificate does not need an SP endorsement, while the SP believes otherwise, so all these things were submitted to the mayor for him to decide once and for all what is best and what is legal.
“Personally, I believe we have already explored all administrative remedies,” Distrito said. The next action is for them to file a formal ordinance requiring big projects such as motels, to seek the approval of the SP, he said.
Meanwhile, the SP unanimously passed yesterday a resolution relaying to the Office of the Mayor the explanation and clarification made by the DENR, in reply to SP Resolution 22 regarding the issuance of certificate of non-compliance to BICI.
Authored by Councilor Elmer Sy, the resolution said the SP passed Resolution 22 inquiring from the DENR-Environmental Management Board VI why an ECC was issued to BICI despite the lack of a resolution coming from the SP indorsing the motel project for issuance of ECC.
It said the DENR cited that its legal basis for issuing BICI an ECC was Memorandum Circular 439, Series of 2009, which states that permits, licenses, clearances, endorsements and other similar documents from other national government agencies and local governments should no longer be required, as prerequisites for the processing of ECC and CNC applications.*CGS