AFTER BEING ordered to stop construction of the Blue Residences condominium, the Shoemart Development Corporation (SMDC) defended the beleaguered project in a position paper released last March 24.
Prior to that, the Quezon City government issued a cease and desist notice to SMDC until all the legal issues surrounding the project are resolved.
SMDC’s March 24 statement specifically addressed the points raised in the Ateneo de Manila University’s position paper on the issue.
SMDC said that it “categorically denies” any violation of required processes in securing all permits and clearances. The position paper added that the company “went through all the necessary procedures” required in pursuing the project.
The position paper was submitted to Quezon City officials and the Office of the Vice President for Administration and Planning of the Ateneo.
No dialogues
In light of SMDC’s position paper, Quezon City Vice Mayor Joy Belmonte called for a meeting between the two conflicting sides last March 25.
However, Sanggunian President Drew Copuyoc said that nothing substantial happened in the meeting.
“The representatives of SMDC were not ready for a dialogue,” Copuyoc said. He added that SMDC was only present to receive the united position paper of the Loyola Heights representatives and to be given time to address these concerns.
“They were not there to really begin a dialogue [with us]. The representatives from the Loyola Heights community were rightfully appalled by their refusal to engage in genuine dialogue,” Copuyoc said.
It was decided that meetings will be on halt until both parties are ready to engage in dialogue. Additionally, the vice mayor asked SMDC to send “decision makers” in future meetings.
According to Ateneo Vice President for Administration and Planning, Edna Franco, the meeting established two things: that SMDC cannot produce proof that they have the necessary documents to counter the legal challenges against the project; and second, that the vice mayor wants SMDC to restart the process, including the consultation process with the community. The Loyola Heights stakeholders agreed to ask SMDC about their reasons for requesting an exemption, and demanded the presentation of the required documents.
SMDC’s defense
SMDC addressed ten issues presented by the Loyola Heights stakeholders as part of its arguments in its position paper.
The company said that they had submitted a letter to Loyola Heights Barangay Captain Cesar Marquez to request for a barangay clearance.
They added that Marquez issued a barangay locational clearance upon “finding the proposed residential project consistent with the allowable usage of the property.”
They also said that they are unaware of any law requiring public consultations prior to the issuance of a barangay clearance. “We understand that it is within the discretion of the concerned Barangay and not the developer, whether or not to conduct public consultation when it deems necessary [sic],” the statement read.
Another concern was the alleged hastiness to the issuance of an exemption to SMDC for the Blue Residences project; the project was introduced and approved within the same Quezon City Council session.
SMDC asserted that the project was approved on second reading during a regular session and was only confirmed under suspended rules, while opponents of the project contend that the resolution was introduced and concluded within the same day under suspended rules.
SMDC said that an exemption was a “legal remedy” available to a particular party “when it has good reason for not being able to comply with the very restrictive provisions” of the Comprehensive Zoning Ordinance.
QC gov’t: cease and desist
Due to the increasing concerns of the Loyola Heights stakeholders, the Quezon City government ordered SMDC to suspend all construction for the said project indefinitely. The notice was issued last March 17 and was received by the Ateneo last March 21.
Following the issuance of the notice, Loyola Heights representatives met last March 24 to consolidate their efforts and to identify a common objective.
According to Ateneo Vice President for Administration and Planning, Edna Franco, a meeting held last March 9 at the City Hall established that SMDC had not done any public consultations for the public, and that the city council’s granting of an exemption under suspended rules was not acceptable. The opponents of the project noted that the lack of complete documentation was indicative of the rushed process that the project had undergone.
The stakeholders agreed on a two-pronged approach to resolve the issue. For one, talks with SMDC will continue so revisions in the building’s design can be demanded, in order for the project to conform to zoning regulations. At the same time, negotiations will also be held with the councilors who voted for the SMDC exemption, in efforts to have the council revoke the exemption.
Consolidated stand
In light of the SMDC position paper and the cease and desist order, the Loyola Heights community agreed on three points:
1. SMDC should listen to the voice of the larger community and construct a building that conforms with zoning regulations and other applicable laws and not seek any exemptions that may benefit them economically to the detriment of the existing neighborhood.
2. The 18th Quezon City Council should revoke the original resolution that granted the exemption to the SMDC for the Blue Residences without following the required process.
3. Involve representative stakeholders of the Loyola Heights community in the study of rezoning laws.
Franco said that as it is unreasonable to demand SMDC to abolish the project altogether, they are opting to ask SMDC to adhere to the zoning guidelines without the exemptions.
As of press time, no new meetings and dialogues have been set between both sides.
