ENVIRONMENT WATCH

Of trees and a gas station
ISAGANI S. LIPORADA

BAGUIO CITY – The Regional Trial Court made Independence Day extra special for Leonard Wood Road residents, denying reconsideration of its April 2 decision favoring the Baguio government against the Baguio Total SS Management Corp. (Baguio Total) drive for issuance of “green light” in putting up a gas station here. Residents and business owners in the area earlier trooped to the city council to protest the putting up of the gasoline station because several trees were to be cut.

In an 8-page Order dated June 12 (received by the legal office June 16), RTC Branch V Judge Antonio Esteves dismissed Baguio Total’s petition for the court to mandate the city government to issue exemption from the city’s zoning ordinance and issuance of required permits.

The court cited Baguio Total’s defective verification and certification against non-forum shopping; lack of personality to prosecute; and lack of cause of action as reasons for the dismissal. Esteves in his order said Baguio Total vice president Edgardo Francisco signed the petition without authority from the corporation.

“Absent with such authority,” he wrote, “the petition cannot be considered as having been verified and certified, which is a ground for dismissal under the Section 5, Rule 7 of the Rules of Court.” He said the oversight was a fatal defect which cannot be cured by subsequent amendments. “On this ground alone,” he added, “the case should be dismissed outright.”

Baguio Total has a retail agreement with Total Philippines Corp. for the distribution of petrol products in Baguio. To realize the business, Baguio Total rented a lot along Leonard Wood Road covered by Certificate of Title No. T-87561. One Ariel De Dios, original lessee, leased the same lot from co-owners Susan Dato-on, Helen Estigoy, and Kenneth See. Total Philippines applied for exemption from the zoning board, which was subsequently denied.

The city’s Local Zoning Board disapproved Total Philippines application for exemption from the city’s zoning ordinance, resulting to botched bids to secure operation and construction permits from the city. Baguio Total claimed the previous owner, one Juvencio Dizon, was issued an exemption for the use of the lot for commercial purposes, which in turn, should likewise be honored by the zoning board in Baguio Total’s behest.

But Esteves ruled, “It was admitted that Total Philippines and Baguio Total are separate and distinct entities. Now, Baguio Total, is instituting a case against the city without authorization from Total Philippines.”

“Obviously, [Baguio Total] has no personality to question said decision since it was not a party to the said case nor was it authorized to represent Total Philippines to institute this case,” he added.

As to “lack of cause of action,” the court ruled Baguio Total never applied for necessary location clearance leaving nothing for concerned city authorities to approve or deny which could be bases for an action for injunction.

“What was denied is the location clearance application of Total Philippines, which could not be questioned by Baguio Total since it was not a party the said case.Clearly, Baguio Total has no cause of action against the City Government of Baguio.”