PB Almirante: Lapu-Lapu demolition was legal

The action taken by Lapu-Lapu City Government in demolishing the tennis and badminton court of J. King and Sons in barangay Agus, Lapu-Lapu City, is within the ambit of the Local Government Code, according to Provincial Board member Antonio Almirante.

In yesterday's PB session, Almirante referred the complaint filed by J. King and Sons to the Provincial Legal Office to answer the question raised by the complainant on the legality of the demolition.

Last Dec. 17, 2003, the Lapu-Lapu City Council enacted an ordinance "regulating the construction, repair and/or renovation of buildings, houses, fences, dikes, concrete walls and other structures and declaring and abating any nuisance thereof."

The lawyers of Kings represented by Deolito Alvarez filed a petition to declare the ordinance as invalid and asked the court to stop city hall from implementing the measure citing that the ordinance is unenforceable as it has not been approved by the Provincial Board.

Alvarez attached Provincial Secretary Anecita Pasaylo's certification that the ordinance was referred to the committee on laws and review last Feb. 2, 2004 and her office has not yet received a report about it from the committee.

But Almirante, chairman of the committee on laws and ordinance, told reporters that the ordinance of Lapu-Lapu City is already deemed approved even if it was not taken up by the board as he invoked the Local Government Code.

Almirante cited Section 56 of the Local Government Code that "if no action has been taken by the Provincial Board within 30 days after submission of such an ordinance or resolution, the same shall be presumed consistent with the law and therefore valid."

Almirante said the ordinance reached the provincial board only in February 2004 and it was referred to his committee on March 16. Almirante said he failed to render a report because of lack of quorum.

"Naabtan lang gyud mi sa height of election. Everybody at that time is seeking for reelection and higher position, so wala gyud matuki sa board," Almirante said.

Nevertheless he wants the provincial legal office to have a formal answer on the petition filed by the Kings.

Section 1 states that any building, fence or similar structure built in the city "without being passed upon and duly issued the appropriate building permit is hereby declared illegal and therefore a nuisance per se." - Garry B. Lao/BRP