Cebu City OBO head faces graft raps

CEBU, Philippines – The head of the Cebu City Office of the Building Official is facing a criminal case before the Office of the Ombudsman for allegedly violating the anti-graft and corrupt practices act.

Lawyer Jose Marie Poblete, also the city engineer, was accused of “fabricating and falsifying” a revocation order against a commercial establishment situated along Don Jose Avila Street, Barangay Capitol Site without due process.

The case was filed Thursday by businessman Adrian Lee.

Lee claimed that Poblete revoked the building and fencing permits of his fully constructed two-story structure even without prior notices, an act of “misdeeds and injustice.”

The city granted him a building permit on June 21, 2013.

The notice was issued on February 6, 2015 almost two years after its issuance. The revocation notice stemmed from the complainant’s non-compliance of the five-meter setback requirement of the National Building Code.

The city’s zoning ordinance mandates a road width limit of 20 meters.

Based on a report of the Department of Engineering and Public Works, the building only has a .5 meter setback, therefore, it encroached the road.

The notice says OBO has “factual and legal grounds” backed by the technical reports of DEPW and City Planning and Development Office to deny the application owing to the complaint of a certain Antonio Lozada against the construction of the building.

However, according to Engineer Joel Reston of CPDO, Lee said the setback does not apply to his commercial building since the Don Jose Avila Street is an “old thoroughfare.”

The resolution of the Cebu City Legal Office reportedly supports this because it says that the 5-meter rule is not applicable since the road “is not a newly developed thoroughfare… it is one without duly established lines and grades reflecting therein the proposed road widening” as stipulated in Rule VIII Section 804 of the implementing rules and regulations of the National Building Code.

Because of this, Lee argued that the notice of revocation is “illegal and unwarranted.”

He alleged that the “order” issued was not passed unanimously by all members of the city zoning board as only four out of the 16 members reportedly approved and directed Poblete to cancel his building permit. Of the 16, six were absent while the other six sent representatives.

Lee lamented that Poblete and the zoning board failed to notify him or invite him to any board meeting or proceeding to deliberate on the issue prior to the issuance of the notice. This despite his constant communications and repeated requests, he said.

“Atty. Poblete acted with gross inexcusable negligence amounting to bad faith when he completely ignored all my written demands and letter requests and application for the issuance of the Certificate of Occupancy… without informing me as to what were the defects in the approved plans and specifications I submitted to OBO and after allowing me to finish and complete the construction,” he said, adding, that Poblete violated Section 5 of Republic Act 6713  or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Lee said OBO inspected the building but did not send any Notice of Violation when construction was still ongoing.

Poblete also allegedly failed to act on Lee’s application for an Occupancy Permit on July 12, 2014 despite the submission of all necessary requirements including the Fire Inspection Certificate. Lee said Poblete neither confirmed nor denied his application, which is reportedly pending for more than seven months now.

Furthermore, Lee alleged that Poblete is favoring the owner of a lot at the back of his (Lee) property who allegedly asked that locational clearance and building and fencing permits be cancelled.

A certain Antonio Lozada reportedly wrote OBO on January 22, 2014 to inquire if the establishment did not violate any law on the “Yard Regulation Requirement.” Lozada is reportedly interested to buy the 111-square meter property.

Poblete, Lee pointed out, has caused him “undue injury” as the former allegedly gave unwarranted benefits to a private entity.

“In his actuations as public officer, Poblette inflicted undue injury to Lee, specific to his property and due process rights; Poblete displayed undue bias in favor of Antonio Lozada, and Poblete exploited his public office to facilitate and confer unwarranted benefits in favor of Lozada,” the complaint reads.

Sought for comment, Poblete told The Freeman that he only heeded the CCZB resolution to issue the notice of revocation.

“It is not my office who decided to have the permits revoked. We just sent the notice as a notification as directed by the zoning board,” he said.

He added it shocked him to learn that Lee had filed a criminal case against him.

He received a copy of the complaint on Thursday. He said he will refer the matter to the city legal office for appropriate action. — /JMO (FREEMAN)