Council sets separate inquiry on SM lot sale

By Aileen P. Refuerzo

BAGUIO CITY – Aside from holding a public hearing on the proposed expansion of SM Baguio and the opposition it generated, the city council will conduct a separate inquiry on the circumstances leading to the sale, transfer and development of the lot occupied by the mall and its expansion area tomorrow (March 5.)

The body invited city planning and development officer-in-charge Engr. Evelyn Cayat, Housing and Land Use Regulatory Board (HLURB) Cordillera director Teresita Galacgac and Dept. of Environment and Natural Resources (DENR) Cordillera regional executive director Clarence Baguilat to shed light on the issue in its session at 2 p.m.

Councilor Isabelo Cosalan Jr. who broached the inquiry in a resolution approved by the body said the SM lot is part of Original Certificate of Title No. 01 which covers prime lots at Governor Pack, Harrison Road and the Government Center.

The said property has been considered problematic due to overlapping titles issued from the mother title resulting to muddled ownership.

The body recalled approving Resolution Numbered 197-B series of 2010 and Resolution Numbered 112, series of 2011 where they requested the Office of the President and the Department of Environment and Natural Resources for certain actions relative, among others, to the marking of corners, identification, proclamation and turn-over of portions of OCT No. 01 to the jurisdiction of the City Government of Baguio but said requests have not been acted upon.

“There is a need to review and clarify matters regarding the sale, transfer and development of that portion of Original Certificate No. 01 to put into proper perspective the disposition and utilization of government resources, in accordance to existing laws, policies and guidelines,” the resolution noted.

Cosalan noted that as per the City Land Use Plan and Ordinance numbered 051, series of 2001, the area where the SM-Baguio stands and the proposed Development Expansion is zoned as “Low Density Commercial Zone or C-1” but the existing use of SM is the one defined under a “Medium and High Density Commercial Zones or C-2 and C-3.”

However, “the existing use of SM Baguio is that which is defined under a Medium and High Density Commercial Zones (C-2 and C-3),

“In the Certificate of Zoning Compliance issued by the City Planning and Development Office on December 19, 2011, the project is over C-1 zone along Gov. Pack Road, Baguio City, with an area of 34, 528 square meters,” Cosalan noted.

“In the plan submitted by the DENR-CAR and in the Tax Map of the City Assessor’s Office, Baguio City, the area for the proposed expansion of the existing SM Commercial building, appears to be outside the 34,528 square meter lot of the SM Prime Holdings, Inc.”

Cosalan said the issue on the development expansion of the SM Prime Holdings, Inc. “has caused a multi-sectoral uproar on the propriety of the development expansion raising issues relative to social and environmental concerns” thus necessitating an inquiry with agencies concerned.