EMB-7 suspends ECC of Jardin de Busay Estate

CEBU, Philippines - The Environmental Management Bureau (EMB) in Central Visayas has suspended the Environmental Compliance Certificate granted to the developer of the Jardin de Busay Estate for various violations of the environmental laws.

EMB-7 officer-in-charge Alan Arranguez, in an order dated July 12, 2011, suspended the ECC granted to Casimiro Nadela in June 29, 2009 for violation of ECC condition no. 7 and Presidential Decree 1586 otherwise known as the Philippine Environmental Statement System.

Nadela failed to secure development permit from the city government, which is one of the conditions in the ECC.

Section 9 of PD 1586 states that “non compliance with any of the provision of the ECC shall be sufficient cause for its cancellation or suspension and imposition of a fine in P50,000.”

“The suspended ECC will only be given further due course once the penalty is paid and development permit under the name Jardin City Development Corporation issued by City of Cebu will be submitted to this Office,” Arranguez’s order reads.

The Development Permit is pending at the City Planning and Development Office (CPDO).

The legal counsel of Jardin de Busay Homeowners Association submitted this order of the EMB to the council for their information and to reiterate their appeal to the council to set aside and reconsider SP Resolution No. 10-2574 which approved the committee report of the Committee on Urban Planning issued last year favoring the Jardin de Busay Estate project and the issuance of a development permit to it.

The homeowners oppose the issuance of the development permit for various concerns they raised before the EMB and the Housing and Land Use Regulatory Board.

The residents’ complaints include the “defective, unstable and unsafe roads that were constructed on top of soiled-filled sacks without retaining wall or riprap of any protective plastering to prevent soil erosion or movement, the unsafe and non-potable water being supplied to the residents with the possibility of contamination of the water supply and the lack of drainage system.”

Further, the residents alleged that the project was classified as a simple subdivision instead of a complex subdivision to escape some requirements.

The residents also complained that the “sidewalks were not properly constructed, the open space for playground and clubhouse were not provided as promised in the contract plus the subdivision has no water tank.

The HLURB acknowledges the violations of the developer when it fined Nadela P10,000 and ordered him to apply for a complex subdivision and a license to sell in April 2009. Nadela asked for reconsideration but was denied last May 26, 2011. Nadela insists that he is developing a simple subdivision plan so he is not required to secure the said license and permits.

The HLURB based their decision in the Geohazard Assessment Report for the 11.9 hectares project intended to cater the high-income group.

The city planning office has already advised the officials of Barangay Busay to refrain from issuing barangay clearance to the developer.

The CPDO, having found out that a formal complaint by the homeowners has been lodged to the central office of the HLURB, warned the barangay that issuances relative to the issue might touch on the merit of the case and consequently violate the rule on sub-judice.

The CPDO is also studying the letter received by the office from the counsel of Jardin de Busay Homeowners Association regarding the concerns on the said subdivision. — (FREEMAN)