MORE NEWS, BAGUIO CITY

>> Wednesday, January 9, 2008

Ombudsman case mulled vs DENR over Chuntug fix
BY ISAGANI S. LIPORADA

BAGUIO CITY – Peeved by apparent disregard of city resolutions pertaining to a parcel of land “a stone throw” away from City Hall, City legal officer Melchor Rabanes, last week, said his office is mulling to cases against certain officials of the Department of Environment and Natural Resources with the Ombudsman.

Rabanes is also set to present the case before the Solicitor General who could press for the annulment of the title issued to Yu Hwa Ping. “We are now digging deep into city records showing DENR’s wanton disregard of earlier city declarations for the reservation of the subject lot we believe he was erroneously given title to,” he said.

As early as 1995, Hwa Ping reportedly worked double time securing the property under his name despite opposition from then local officials. Resolution 303 of 1998 “requested the DENR Land Management Bureau to reject, cancel, revoke, or otherwise disapprove applications or permits issued for the acquisition or use” of the questioned prime realty. Subsequent Resolution 366, series of 1998 subsequently declared the 250-square parcel of land as a “greenbelt area and for future road expansion.”

“However,” Rabanes said, “despite city declarations, the fact that Hwa Ping was able to secure title consolidating the questioned lot with his adjoining property raises doubts as to how a title now referring to a 360-square meter parcel of land was secured.”

In 1995, a Department of Public Works and Highways report said the property is covered by the Baguio City Hall Reservation and, at the same time, a road-right-of-way. Retired DENR regional executive director Isaias Barongan allegedly issued the title including the questioned property in the name of Hwa Ping.

“In the consolidated title, the annotation that the land shall be used exclusively for gardening, protection and parking with the proviso that no vertical structures shall be allowed to be constructed was even omitted," Rabanes said. Seeing Hwa Ping priming up for a construction in the area, lawyer Renato Cortes earlier filed opposition with concerned local officials seeking to stop the latter from erecting vertical structures.

He said no title should be issued over public property previously classified as road-right-of-way and falling within the City Hall Reservation. Construction in the area temporarily ceased following a notice for violation of the building code was issued by the Public Order and Safety Division (POSD), December 5. Hwa Ping in an affidavit, July 23, 1998 expressed “regret” for causing a hubbub in City Hall.

In the same affidavit he said, “In case the DPWH will object to my construction, I am giving the building official the right to terminate my permit anytime.” Later in August of the same year, he “begged” city officials to allow “for the moment” construction of retaining walls and other improvements for the protection of the area from possible wear.

“Almost 10-years passed and Hwa Ping is doing exactly the opposite of what he even begged the city to allow him to do,” Rabanes said. “He even went beyond what he asked the city to allow him to do, constructing a bodega, which is nowhere near a protective structure he earlier requested he be allowed to do.”

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