Public Works Secretary Rogelio Singson ordered the Office of the Building Official (OBO) of Cebu City to reinstate the building permit and fencing permit of a restaurant it shut down five months ago.
In a resolution, the Department of Public Works and Highways (DPWH) said the city’s OBO erred in “hastily” revoking the permits of Camia Street Cafe and Resto owned by businessman Adrian Lee.
Singson, who acted on an appeal filed by Lee, said OBO did’t issue a prior notice or conduct an administrative hearing to give Lee a chance to defend himself.
Businessman Adrian Lee, owner of Camia Street Cafe and Resto, watches as City Hall team shuts down his establishment in barangay Capitol Site in this July 9, 2015 file photo.
“The Building Official’s somewhat hasty issuance of the Notice of Revocation of the Building and Fencing Permit runs afoul to the rudiments of fair play along known to law,” said the resolution dated Nov. 9.
The resolution was addressed to City Engineer Jose Marie Poblete, a lawyer who is OIC building official of Cebu City.
“We haven’t received that resolution yet. I think it would be better for the city’s legal department to address that,” Poblete told Cebu Daily News.
Lee’s restaurant on Don Jose Avila Street was closed last July 9 on orders of Mayor Michael Rama for failing to comply with zoning and building requirements.
OBO revoked Lee’s building and fencing permits based on the recommendation of the Cebu City Zoning Board (CCZB) for not complying with a 5-meter setback required in the National Building Code.
Poblete is also a member of the zoning board.
Lee yesterday welcomed the decision of the DPWH on his appeal.
“I’m really very happy. We’ve been accumulating losses due to the clsoure. I’m simply a businessman. I comlied with the processes in constructing the restaurant and after six months, they revoked the permits. That’s too much,” he said.
He earlier filed against Poblete with the Offic eof the Ombudsman in the Visyas for closing his restaurant.
Secretary Singson said OBO should have considered the issues instead of letting CCZB, a different body, deliberate on whether or not to revoke Lee’s permits.
Under the implementing rules of the National Building Code of the Philippines, the Building Official has the sole authority to resolve matters which involve non-issuance, suspension, or revocation of a permit.
Since it was the CCZB which deliberated on the matter, Singson said the Notice of Revocation issued by OBO has no basis.
“Mere reliance on a resolution issued by another administrative body is insufficient to support the revocation. It would not come into view that the revocation of the subject permits is deficient,” the DPWH secretary said.
Singson ordered OBO to reinstate Lee’s building and fencing permits as well as to conduct further proceedings.
Asked what might be the reason the city government wants to close his restaurant, Lee said, “We’ll, I don’t know. I’m the son-in-law of barangay captain Manuel Guanzon of Capitol Site. But personally, I’m not affiliated to any political party.”
He said Singson’s resolution will strengthen the case he filed against Poblete before the Ombudsman-Visayas for closing his restaurant.