Double Dragon, firm sued for violating building code in Iloilo
ILOILO CITY, Philippines—A lawyer filed a criminal complaint before Iloilo City Prosecutor’s Office against the Double Dragon Properties and the Iloilo Guimaras Ferry Terminal Corp. for violating the Philippine building code.
Lawyer Vincent Pascal de Asis, president of the Integrated Bar of the Philippines (IBP)-Guimaras, filed the complaint against the two companies owned by president Ferdinand J. Sia for violation of Section 301 in relation to Section 213 of Presidential Decree 1096, otherwise known as National Building Code of the Philippines.
De Asis said he filed the case against Sia on Friday, July 24, for pursuing the construction of the Parola Terminal project and CityMall at Barangay Concepcion, this city, without a building permit and zoning clearance. De Asis explained that the second notice issued by the City Engineer’s Office aggravated the case because they continued with their construction despite being informed of their violation. Having been in the real estate business for years, Sia would know the requirements before any construction could commence, added De Asis.
“He is in the business of real estate, so he should know the requirements of the law,” De Asis said.
Section 301 of PD 1096 states that: “No person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit therefore from the Building Official assigned in the place where the subject building is located or the building work is to be done.”
Section 213 provides the penalties for those who violate the provisions of the law, which states that; “It shall be unlawful for any person, firm or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause the same to be done contrary to or in violation of any provision of the Code. Any person, firm or corporation who shall violate any of the provisions of the Code and/or commit any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more than twenty thousand pesos or by imprisonment of not more than two years or by both such fine and imprisonment; Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately be deported after payment of the fine and/or service of his sentence.”
Double Dragon properties (DD) is partnering with the City Government of Iloilo in the construction of the Guimaras-Iloilo Ferry Terminal System (GIFTS) thru a public-private partnership (PPP) using the joint venture scheme. DD provided the budget for the project in the amount of P135 million while the city owns the lot where the projects will be erected. The project was stopped after it was discovered that the construction of the City Mall and Ferry Terminal commenced without the locational clearance and building permit. The controversy deepened when it was discovered that the lot area allocated for the Mall was larger than that of the ferry terminal despite it being not included in the feasibility study.
A case of rescission of the contract has been filed by the IBP-Guimaras led by De Asis as president and his father, Iloilo Vice Gov. Vicente De Asis. The case is now pending before the Regional Trial Court Branch 37 against the DD as private respondent and the Iloilo City government as the public respondent.
De Asis believed that with the criminal case files against Sia, the tycoon would be forced to release all the documents and cease from resorting to delaying tactics that have dragged their civil case against the city and DD.
As of posting time, the legal department of Double Dragon has not replied to the email of this writer.
