9 March 2011
The Community recognizes the right of SM Development Corporation (SMDC) to construct a building in this property, but is deeply concerned about, and protests the Corporation’s apparent disregard for the welfare and the sentiments of the larger community, as evidenced by:
First, the excessive nature of the exemption sought by SMDC and granted by the City Council under questionable circumstances
1. The exemption sought (and granted) is way above what is allowable based on the Quezon City Comprehensive Zoning Ordinance
Second, the violation of required processes and lack of transparency throughout the development of this project.
1. Obtaining the exemption
a. The zoning code has provisions on exceptions as specified in Article VIII, Section 3. The discussion of a resolution to issue a certificate of exemption was introduced and concluded within the same session (March 8, 2010) under suspended rules.
i. Deliberations under suspended rules are only allowed during emergencies.
ii. “It is questionable that this resolution meets the criteria of an emergency.”
b. Due to the haste with which this resolution was passed, it is evident that the implications and possible negative effects on traffic and environment in the vicinity were not tackled.
c. Minutes of the 83rd Regular Session of the 17th City Council (Sanggunian ng mga Mag-aaral ng mga Paaralang Loyola ng Ateneo de Manila report) reflect the absence of any deliberation on this resolution.
2. Obtaining a permit
a. SMDC began construction without a building permit:
i. No application submitted for Barangay Clearance with the Loyola Heights Barangay; thus, no consultation took place, and a clearance was never issued.
• A Barangay clearance is one of the first steps as requirement before a building permit is processed.
ii. A Barangay locational clearance was issued by the Barangay on March 2, 2010
iii. A fencing permit was issued November 5, 2010.
iv. Excavation activities were noticeable in December 2010; Barangay Chair Marquez wrote to the Building Official and the Mayor on January 10 and 27, respectively, requesting for intervention.
v. A Building Permit granted by City Engineer on January 20, 2011.
• “The date of issuance of this building permit shows that it was granted DESPITE mounting protests from the Loyola Heights community”
In view of these, the Community strongly stands on its position that:
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 neighbourhood.
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.
