Family living near hotel seeks millions in damages

A multi-million peso damage suit was filed yesterday against the Waterfront Cebu City Hotel and Casino by a family living in a nearby subdivision because of the alleged pollution caused by the hotel.

The Odulio family, including two children, asked for a temporary restraining order and the issuance of a writ of preliminary injunction against the hotel management because of the health problems allegedly caused by the operation of the hotel.

The complainants, Lina, Jose Allan, Katherine Louise and Allan Joseph all surnamed Odulio and two other minors, are collectively asking a total of P24 million in moral damages from the hotel.

On top of it, the complainants are likewise demanding P800,000 in actual damages, P50,000 in litigation expenses and another P1 million as exemplary damages.

The complainants, in an 11-page complaint filed before the Regional Trial Court civil division, said they have acquired a residential property in Gemsville Subdivision in 1989. They have been living in the place peacefully until the Waterfront Hotel and Casino started operating in 2003 behind and adjoining their home.

The complainants said they developed asthma, bronchitis, skin asthma and other forms of allergic reactions that required them to take regular medication. According to the complainants, they were told that the dust and air pollution have probably caused their ailments.

The complainants said that they have observed that their ailments were triggered and caused by the dark, obnoxiously smelling fumes and dust particles and other pollutants coming from the exhaust pipes of the hotel’s power generator, boiler, air exchange units and other machineries operated by the establishment.

According to the complainants, the exhaust pipes are located on the side of the building are almost trained at their house.

The complainants claimed that they have called the hotel management’s attention several times and were promised that it will be given immediate attention, but until now nothing has been done.

According to the complainants, they even brought it up to the barangay officials and the Department of Environment and Natural Resources, but still no action has been taken despite the fact that it is a violation of the Clean Air Act.

The hotel’s alleged refusal to address the problem prompted them to seek the intercession of the court.

The complainants want the court to issue an order directing the hotel management to stop operating its machineries that have caused pollution in the area and to compel the establishment to pay for the damages they have endured for several years already.

The management of Waterfront Cebu City Hotel and Casino said that it won’t comment on the case until they would receive a copy of the complaint that has been filed. – Fred P. Languido/NLQ