Davao City housing developer mulls legal action against neighbors

Consunji to sue housing project oppositors

By ROGER M. BALANZA

A housing developer proposing a high-end project in Matina Hills in Davao City has threatened to sue officers of a group for “grossly irresponsible statements” leveled against the company.”

David M. Consunji-Urban Planning Development, Inc. (DMC-UPDI) is filing civil and criminal actions against these irresponsible persons, said DMC-UPDI manager Victoria Joy Adriano of officers of the Federation of Maa Homeowners Association.

The federation has blamed the developer—planning to build a 15-hectare project at the east side of the 300-meter Matina Hill—for allegedly causing floods in downhill housing subdivisions in Maa. They also feared landslides that could swallow their houses, claiming the area has been identified by the Mines and Geosciences Bureau (MGB) as land-slide prone.

Adriano was referring to statements made by Lothar Tricher, a Canadian national and officer of the federation, during a recent committee hearing conducted by the Davao City Council committee on housing chaired by councilor Arnolfo Ricardo Cabling.

Tischer, Norma Javellana and another foreigner, Stacey Breid, are the most vocal members of the federation who lock words with DMC-UPDI administrators in the Cabling committee hearings.

Floods and landslides

Other than raising the issue of flooding and potential landslides, the group has also accused the developer of starting development—denied by DMC-UPDI—even as it still has to secure permits from the local government and the national agencies.

The Cabling committee is hearing the developer’s application for Preliminary Approval of Locational Clearance (PALC), an initial requirement before issuance of Development Permit (DP).

Adriano dished out the threat of legal action in a position paper she submitted to the Cabling committee. She said the group, Tischer in particular, imputed on her company “unfounded, baseless, grossly maliciously and irresponsible statements” during a committee hearing held on June 25.

Irresponsible persons

These are “grave assaults to the company’s reputation which are bases for filing of civil and criminal actions against these irresponsible persons,” said Adriano.

She said the accusations are serious because they were not only peddled by the group before city councilors and Vice Mayor Sara Duterte, but also publicized in media through press releases issued by the federation.

Company of pirates

Quoting from minutes of the hearing, Adriano said Tischer described DMC-UPDI as a developer violating laws “with a pirate’s attitude for profit rather than human life.”

Tischer, she said, also said the company committed “flagrant, obvious violations” and should not be “rewarded (a permit)” and not be “trusted to keep future commitments to do things properly.” Tischer was also quoted as saying the violations of DMC-UPDI have already “injured many and are putting more people at risk.”

Safety a top premium

In her position paper, Adriano said the Spine Road (access road) and drainage system—claimed by the federation officers as development work to the housing project—built on the site had permits from the City Engineering Office and the Department of Public Work and Highways.

She denied the company is now developing the site, saying it has yet to get a Development Permit, which grants the company the go-signal to start development. Adriano said what the company is seeking now is the PALC, which only approves locational clearance.

We assure that when development starts after grant of the Development Permit, we shall be monitored by the local government unit, Housing and Land Use Regulatory Board and the national agencies, said Adriano who adds that the company would give premium to the safety and welfare of its clients, residents, partners and other stakeholders. Adriano, in an earlier committee hearing, had told Tischer’s group that the issues they raised are better heard when the company applies for approval of Development Permit, and not during the hearing on its application for PALC.

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