City sues RTC judge, mayor
THE “BIGGIES” GET THEIR DUE FOR SQUATTING
PROVING that it is serious in dealing with the squatting issue at the Tondaligan Park and other public lands in the shoreline of Bonuan, the Dagupan City government has filed charges against prominent people illegally occupying land in the area.
Named respondents in the criminal complaint are Regional Trial Court Judge Robert Rudio of Branch 40; Calasiao Mayor Roy Macanlalay; businessman Mario Sandoval, owner of Goring’s Restaurant; and lawyer Juan Siapno Jr.
The complaint, involving squatting and for gross violation of the National Building Code, was filed by City Engineer Ma. Virginia Rosario, who is also the city’s building official and head of the Task Force on Housing and Urban Resettlement.
She was accompanied by City Planning and Development Coordinator Romeo Rosario, and City Legal Officer George Mejia who said the move has the blessing of Mayor Alipio Fernandez.
In her sworn complaint before Assistant City Prosecutor Olivia Biala-Nudo, Rosario accused the four of violating Presidential Decree No. 1096 (National Building Code of the Philippines), Republic Act 7279 (Urban Development and Housing Act of 1992) and Presidential Proclamation 98, which created a 72-hectare national park now known as Tondaligan Park.
The complaint states that Macanlalay and Sandoval, in November 2007, and Rudio and Siapno, in January 2008, constructed their respective permanent structures along the shoreline of Dagupan inside a public land in Barangay Bonuan Binloc identified as national park.
She said the four constructed their houses structures without obtaining a building permit from the City Building Official in violation of Section 301 in relation to Section 213 of the National Building Code, and sections 27, 29 and 30 of Republic Act 7279.
Mejia said violation of PD 1096 carries a penalty of imprisonment of up to two years and a fine of not less than P20,000 while violation of RA 7279 carries a penalty of not more than six years imprisonment.
Mejia expressed hope that the case against the four will be resolved before the end of the first term of Fernandez.
“Although we cannot guarantee the success or failure of any case filed before the court of justice, we believe we have a strong case against them,” he said.
Rosario said the city government decided to file the criminal complaint because the structures of the four were within the five-hectare area being reserved for a housing project for city government employees.
Rosario also acknowledged that that there are now many people and entities squatting at the national park targeted for demolition.
“Let this be a warning to all violators that the city government means business,” she said.
Mejia also said there are many illegal structures including houses and buildings that sprouted inside the Tondaligan Park, including the Justice Hall in Bonuan, that were built without building permits.
But, he said, the action must have already been possibly prescribed but not in the case of the four respondents to the criminal complaint filed by Rosario.
“Now, if anybody can provide me a jurisprudence wherein I can act for the eviction and demolition of this building (Justice Hall), I would act accordingly,” Mejia said.–LM
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