Bohol PB mulls amendment of ordinance or permit recall
TAGBILARAN CITY — Apparently to settle disagreements over the laws regulating the height of a building being constructed — in the case of Dataland Inc.’s 12-storey Ivywall Hotel at Barangay Danao in Panglao town of Bohol — acting Governor Benjie Arcamo proposed either to amend the town’s ordinances or recall the building permit issued to the company.
Arcamo issued the statement when asked on how the provincial government could help settle the controversy over the building construction, which draw a complaint from a municipal councilor who questioned the height of the building, among other issues.
Provincial Board Member Tomas Abapo Jr. also agreed to amend Panglao ordinances to reconcile this with existing national laws, saying that the 12-storey building of Dataland may have violated the national building code.
Panglao has existing ordinances regulating the height of a constructed building in the area, based on the rules of the Civil Aviation Authority of the Philippines (CAAP), in line with safety considerations especially that a new international airport is being constructed in the island.
However, CAAP has given the green light for Dataland to go on with the construction of its 12-storey hotel building along the stretch of the beachfront at Barangay Danao in Panglao town.
But the question remains: What will prevail? The CAAP’s ruling or the town’s ordinances setting the height limit of hotel edifices.
Panglao Councilor Rogelin Degoma earlier filed her complaint to the Provincial Board, calling for an investigation of the project, concerning the height of the building. She also wanted to stop temporarily the discharging of water from the site into the sea, alleging that it has no permit for such works from the Department of Environment and Natural Resources.
The PB in turn created the committee of the whole to conduct a hearing on the controversy, with PB Member Kristine Alexie Tutor as chairperson. Degoma told the panel that, based on the town’s zoning and land use plan, the height of the building violates the specified limit.
Dataland lawyer Louie John Lood said its contractor got a building permit from building official Engineer Rogelio Bonao, and, aware of the zoning ordinance, was able to secure a go-signal from the CAAP, without violating any laws and regulations.
Degoma also alleged that Dataland failed or did not submit its project proposal to the Panglao Island Tourism Estate (PITE) as mandated by guidelines of the provincial government for review. The firm’s lawyer however countered that it was not needed because Barangay Danao is not included in PITE coverage, based on presidential proclamation signed by then president Gloria MacapagalArroyo.
Degoma also questioned DENR why an environmental compliance certificate was issued to Dataland, even without a Municipal Council resolution endorsing the project, which is a requisite for an ECC issuance. Dataland officials however showed a copy of the ECC (number OL-RO7-2016-0050) issued on April 6, 2016 by DENR official Anecita Dinoy.
On the reported foul odor emanating from water dispensed to the sea by the contractor, EMBDENR certified that the water is safe, based on laboratory tests of sample taken from the site. This certification was signed by EMBPEMO focal person Richard Abella of the DENR.
Mayor Leonila Montero claimed that politics has something to do with elevating the controversy on this Dataland project, saying that Degoma belongs to a minority in the Council, and allegedly a close associate of former mayor Doloreich Dumaluan, who lost to Montero in the mayoralty race in last year’s election.
While lashing out at the opposition’s complaint that resulted in the PB probe, Montero maintained that there is nothing wrong with the construction of the 12-storey hotel building, for as long as the legal requirements are strictly complied with.
Montero said construction of more hotels and resorts in her town is needed now due to lack of accommodation to cater to the expected influx of tourists after the Panglao international airport is completed.