The Cebu City government will file a motion for reconsideration on the Department of Public Works and Highway’s Nov. 9 order to reinstate the fencing and building permits of Camia Cafe, which was closed last July.
Cebu City lawyer Bernard Garcia said that contrary to the DPWH findings, there was due process followed in revoking the permits of the restaurant of Adrian Lee and the order had solid basis.
Garcia said while DPWH wanted another proceeding conducted by the Office of the Builing Official of Cebu City , the cafe’s permit would still be revoked for violating the 5-meter setback required in the National Building Code.
Even if the permits are reinstated, Garcia said, the cafe still can’t operate because of this lapse and the establishment’s expired temporary business permit.
The DPWH resolution signed by Public Works Secretary Rogelio Singson ordered the OBO, represented by OIC Jose Marie Poblete, who is also the city engineer, to reinstate the building permit and fencing permit of the cafe based on an appeal filed by Lee.
The DPWH said the OBO hastily revoked the permits of the restaurant on Don Jose Avila St. and didn’t follow due process.
As complainted by Lee, OBO relied on the resolution of the Cebu City Zoning Board which, is an “entirely different” body instead of having the OBO decide on the matter.
DPWH Secretary Singson said that reliance on a resolution issued by another administrative body was not enough to support the revocation of permits.
In response, Garcia said the Zoning Board and OBO should not be taken as separate proceedings, but a vital part that led to the revocation of the restaurant’s locational clearance.
Without a locational clearance from the City Zoning Administration, a a vital requirement for the issuance of the building and fencing permit, the permits have no leg to stand one, said Garcia.