Radaza closes Marina Mall, but MEPZ reopens it later

The Marina Mall building owned by businessman Efrain Pelaez located at the Mactan Export Processing Zone Phase1 in Lapu-Lapu City was closed yesterday morning by the city government upon orders of Mayor Arturo Radaza.

But by 5:45 p.m. yesterday, or almost ten hours later, the MEPZ, asserting authority over the building, ordered it opened.

City administrator Teodulo Ybañez accompanied by the lawyers of the City Legal Office and close to 100 employees from the Department of General Services implemented the closure order at exactly 8 a.m. yesterday.  The guard on duty of the Marina Mall tried to block Ybañez and the city hall employees while waiting for instructions from Pelaez and his lawyers.

But lawyer Michael Dignos instructed city hall personnel to place the closure order in front of Pelaez’ office at the second floor of the Marina Mall after the security personnel refused to accept the order.

Marina Mall is the first mixed-use mall development inside Mactan Export Processing that not only serves the Philippine Economic Zone Authority but also city residents and tourist all over Mactan and the Province of Cebu.

Ybañez told The Freeman that they closed the business establishments that occupied the building of Pelaez for failure to secure locational clearance, building permit and fire and safety clearance.

The city government also allegedly found out that there were taxes either unpaid or misdeclared.

Pelaez’ legal counsel Deolito Alvarez rushed to Marina Mall after the reports of the closure and questioned the legality of the order signed by Ybañez saying that there is a Temporary Restraining Order issued by the court.

Ybañez reasoned he issued the closure order based on the order given by Lapu-Lapu City Mayor Arturo Radaza and downplayed the TRO mentioned by Pelaez saying the court issued the TRO against demolition of the building and not the closure of the business establishment.

A heated argument then ensued between Alvarez and Ybañez when the latter demanded the list of employees who accompanied him.

Alvarez said they will file legal actions against city officials for the illegal closure of the building.

Pelaez, in a separate interview said the closure of the building is part of the continuing harassment by the city government against him after he sued Radaza and 19 other city officials for allegedly purchasing overpriced computers.

About 1,000 employees of the 82 business establishments occupying spaces at the mall were not able to report to work yesterday and complained of getting caught in the crossfire between Pelaez and Radaza.

As this developed, the city government also demolished the causeway in barangay Agus also reportedly owned by Pelaez.

City attorney Joseph Vincent Lim told The Freeman that Pelaez failed to present the necessary documents to prove ownership of the causeway in question and there area also no records available at city hall that prove this.

Meanwhile, Gov. Gwendolyn Garcia condemned “in the strongest terms” the move of the Lapu-Lapu City government in ordering the closure of the mall.

“That is the totally unbelievable actuation of a local chief executive. This is the premiere province of the country and human beings belonging to the more impoverished areas of the country where they are still shooting with guns or cutting objects with bolos,” said Garcia.

Garcia said that such action of Radaza sends a “very bad signal” to our foreign investors in Cebu.

“This is a very bad signal to us all business sectors.  It looks like we are still in the Dark Ages,” she said.

Garcia said that she already talked with regional police director Ronald Roderos to see to it that the law is upheld.

Meanwhile, the Cebu Chamber of Commerce and Industry and the Mactan Island Chamber of Commerce held a prayer rally in front of the Marina Mall to denounce the closure order.

CCCI President Donde Joseph said that his group will be asking for assistance from their business friends and government.

“We hope to get the message from Radaza that what he is doing is unacceptable. This is not good for Cebu and the country.  We will mobilize support for Pelaez and Mactan citizens for their rightful cause for good governance and transparency,” Joseph said.   — Jose P. Sollano and Gerome M. Dalipe/BRP