Toledo Mayor Perales denies sitting on developer’s request

This was the certification from the Department of Agriculture (DA)-7, which denies the reclassification application of land in Brgy. Tubod, Toledo City.

CEBU CITY, Philippines—Toledo City Mayor Marjorie Perales clarified that it was the Department of Agriculture (DA)-7 which denied the application for reclassification of land in Brgy. Tubod, Toledo City, and that the city government has not been negligent in facilitating the request.

Perales reaction came after real estate developer Il Grande Home Development Corporation filed a case against the Mayor and Vice Mayor Jay Sigue before the Office of the Ombudsman for violating the Anti Graft Practices Act, Code of Conduct and Ethical Standards and Ombudsman Act of 1989.

Il Grande Home Development Corporation, represented by Jesus Rondinas III and its CEO Vivian Agustines Mendrez, filed the complaint in October 2024, after the permits for the subdivision were delayed and unapproved for four years.

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“In almost four years, of the processing the same, the said officers have purposely delayed the progress of our corporations’ papers resulting to the damage and injury on our part,” Rondinas’ complaint said.

They argued that they faced enormous losses for not being able to deliver on time due to the dilly-dallying of the permits.

Mendrez is running for councilor with the opposition slate in the upcoming elections.

Toledo Mayor Perales, however, denied that the Toledo City Government did not act on the applications of Il Grande. In fact, she cited, that the company applied for a fencing permit and locational clearance on Sept. 1, 2021, which the City approved and released on Sept. 8.

Again in September of that year, the developer applied for a fencing permit and locational clearance to fence off another phase of its development works, which the City approved and released on October 6, 2021.

According to the records at the City Planning and Development Office, the developer went back to the City Government on May 8, 2023, for its application for clearance and zoning certificate. In this process, especially since it involves converting agricultural lands to residential use, the Department of Agriculture Regional Office must be involved, and the national agency also has its list of requirements for the reclassification of land.

The City also wrote to the DA-7 asking for a certificate of no objection, but the DA, in its reply to the City on August 2023, stated that the developer needs to comply with their set of requirements under DA Memorandum Circular 26 series of 2022 which is based on several laws, such as MC 54 series of 1993 known as “Prescribing the Guidelines Governing Section 20 of RA 7160 or the Local Government Code of 1991, authorizing Cities and Municipalities to Reclassify Agricultural Lands into None Agricultural Uses”, before they could act on the application.

The City Council of Toledo spearheaded by Vice Mayor Jay Sigue even approved a resolution on January 30, 2024, backing its application to the Department of Agriculture, stating that they have no objection to the said residential development project.

Upon completion of the requirements, the City Government, on behalf of Il Grande, then submitted all of these to the DA on February 23, 2024. The City later made a follow-up about the matter, but it was not until Sept. 9, 2024, that DA personnel visited Toledo to inspect the agricultural land that is subject to application for reclassification. Jan. 16, 2025 came and after they did not receive any communication from the DA, Toledo Mayor Perales wrote the DA 7 to inquire about the progress of the application.

It was then that the City was shown a copy of the decision dated Nov. 25, 2024, signed by DA 7 Regional Director Angel C. Enriquez, stating that the application was denied.

In its complaint, Il Grande stated that “As of this date, complainant and their staff kept on going back to the Office of the City Mayor, Office of the City Vice Mayor, and the respective offices of the Sangguniang Panlungsod to seek assistance and clarification on the matter, as to why their request for the issuance of a zoning certificate and variance report was never granted… complainant is simply passed around…without valid reason for their non-action.”

However, the City, in a letter to Il Grande dated January 21, 2025, informed the developer of the DA’s denial of its application, as the DA highlights the lot’s high potential for agricultural productivity.

Attached to the letter from the City Planning and Development Coordinator were documents that explained, “as assessed and evaluated by the DA.” This letter was signed and received by Il Grande on Jan. 22, 2025.

“This administration advocates business-friendliness and naa man jud nay mga requirements, mocomply lang ta. In fact, naa naman gani mga  residential housing projects nga nagsugod ug nagtukod na diris atoa. Naningkamot ta nga daghang mosulod nga mga developments diri sa Siyudad kay para manis katawhan. Welcome kaayo nato ang good developments sa Toledo. ” Mayor Perales said.

In an order dated January 24, 2025, the Deputy Ombudsman for the Visayas Dante Flores Vargas was ordered to answer the complaint within 10 days of receipt.

The Ombudsman also reiterates it won’t entertain any motion to dismiss or any dilatory motions, reconsiderations and rescheduling.