King files P50M damage suit vs. Radaza

After trading barbs with the city officials of Lapu-Lapu through the media, a businessman has filed a P50 million damage suit against the mayor and other officials for the demolition of a property that his company developed.

Richard King, representing J. King & Sons together with Benjamin Ebrada, filed a case against Lapu-Lapu City Mayor Arturo Radaza and others officials before the Regional Trial Court (RTC).

The suit was filed by lawyer Deolito Alvarez, representing the complainants.

The other respondents of the case are City Administrator Teodulo Ybanez, City Assessor Manuel Tumulak, City Engineer Julito Cuizon, and City Attorney Vincent Joseph Lim.

The complainants also asked the court to issue a Temporary Restraining Order and Writ of Preliminary Injunction.

The complainants claimed that their company owned a foreshore lease covered by FLA No. VII-5-1067 containing an area of 5,398 square meters, more or less, and all improvements constructed situated in barangay Agus, Lapu-Lapu City.

J. King &Sons reportedly acquired full rights to ownership and interest of the foreshore lease from the previous owner, Benjamin Ebrada.

Prior to the transfer of the rights to the company, the complaint stated that Ebrada had complied with all the legal requirements before developing the area.

Ebrada was also granted and issued the necessary permits by the city government of Lapu-Lapu.

These include the Fencing Permit, Building Permit, Electrical Permit, Fire Safety Clearance, Sanitary/Plumbing Permit, Zoning Permit, Sanitary Permit to Operate, Health Certificate, and Business Permit.

They also claimed that the city government approved the Foreshore Lease Application of the owner (Ebrada) based on a Memorandum Report dated August 3, 1987, issued by the city administrator.

The City Development Council also endorsed the project.

On September 18, 1995, the complaint stated that Ebrada was declared the winning bidder during the public bidding conducted by the Department of Environment and Natural Resources. A certification dated April 17, 1996 was issued to Ebrada as proof of that.

Ebrada was issued Tax Declaration No. 02504 covering F.L.A. No. VII-5-1067 and Tax Declaration No. 02503 covering the riprap portion under the foreshore lease.

The complaint further stated that the said tax declarations were unlawfully cancelled by Mayor Radaza and other city officials without legal basis and notice to them.

Late in the afternoon last February 9, the complainants said, they were shocked to learn that their property was demolished.

"The illegal trespass and unlawful demolition of its property were undertaken by the Mayor and other city officials without giving it any notice nor it was informed beforehand of any intended action on its property," the complaint stated.

The complaint further said that the deplorable destruction of its property in the "wicked hands" of the defendants, they protested and asked to present the necessary papers, but their request ignored by the City Attorney.

"The illegal demolition and destruction of the property by them is on-going and continuing and the unlawful invasion, encroachment and disturbance of the property rights on them is continuing up to the present perpetrated by the defendants, with the indispensable cooperation and participation of armed men and members of the Police Special Weapons and Tactics.," the complaint added.

But Lim said that the Marina project in Agus Cove in barangay Agus had to be demolished because it was built on the foreshore area, which should not be owned by private individuals being a public domain.

The demolition of their property prompted King to release a video accusing the mayor of demanding a three percent commission from a contractor.

King said Nelson Yu, owner of Young Builders admitted that he give 3 percent commission to Mayor Radaza in exchange for P500 million worth of projects in the city.

Lim, on the other hand, described the release by King of the DVD as "black propaganda" because he has a personal grudge against the mayor.

The propery owned by King in barangay Basak is now also subject of expropriation proceedings by the city government, it was learned.

Mayor Radaza was not available for comment, but in his previous statement, he said that he is willing to face King at the proper court once the complaint is formalized.