A group of concerned homeowners of Greenhills Subdivision, Casuntingan,
Mandaue City approached the City Legal Office and amplified their objection against the 2nd deep-well drilling activity authored by Greenhills Homeowners Association, Inc. Officers and Board of Directors. The documents revealed that the 2nd deep-well drilling activity has no permit and it is constructed in a road lot. The Local Building Ordinance of Mandaue City of 2010 expressly declares nuisance or illegal structure any building, structure or contraption erected on any private lot within the City of Mandaue if there is no building permit and Barangay clearance issued by the City government of Mandaue and the concerned barangay where such is constructed. Further, if there is such building, structure or contraption, it shall be demolished by the owner or his/her authorized representatives within TEN (10) days from date of receipt of such notice to demolish, otherwise, failure to do so would automatically authorize the City government to demolish at the expense of the owner. In line with the abovementioned violations, the former City Engineer Englis issued a Notice of Illegal Drillling to Greenhills Homeowners Association on October 7, 2004 and subsequently issued a Suspension Order. Further, when NWRB issued a Policy Guidelines for water quality management on November 15, 2006, it included a Moraturium on the acceptance of water permit application in Mandaue City. Moreover, on January 21, 2016, the City Zoning Board of Mandaue City denied the application of GHAI for Special Permit to activate and operate the back-up well. There were also Cease and Desist Orders issued by then City Legal Officer, Giovanni Y. Tianero and former City Mayor Gabriel Luis R. Quisumbing. The conditional Water Permit granted GHAI by NWRB were revoked/ cancelled. Gleaming from the above mentioned legal actions and orders, it is evident that GHAI officers and BODs exhibited an open disregard to the abovesaid legal actions which tantamount to violation of the existing pertinent laws, rules and regulations. WHEREFORE, PREMISES CONSIDERED, by the powers vested in me as the City Mayor of the City of Mandaue, I hereby order the City Legal Office-Enforcement Unit, in coordination with the Mandaue City Police SWAT, City Engineers Office, Bantay Mandaue, the Office of Barangay Casuntingan, this City, to DEMOLISH AND/OR REMOVE the abovementioned structures of GHAI, Casuntingan, Mandaue City in order to restore the said road lot to its unobstructed and passable condition.
SO ORDERED. ___ July 2019. Mandaue City, Philippines
Olaf Peter Juda v. Dennis Michael Nerney, Assistant U.S. Attorney, Northern District of California Stephen R. Kotz, Assistant U.S. Attorney, Albuquerque, New Mexico John J. Kelly, U.S. Attorney, Albuquerque, New Mexico Michael Yamaguchi, U.S. Attorney, San Francisco, California Robert L. Holler, District Director, U.S. Customs Service, El Paso, Texas Leonard S. Walton, Acting Assistant Commissioner, U.S. Customs Service, Washington, D.C. Bonnie L. Gay, Foia Unit, Attorney-In-Charge, Washington, D.C. John and Jane Does 1-25 United States of America, Olaf Peter Juda v. United States Customs Service, Robert L. Holler, Joy M. Hughan, Daniel Luar, Rita Alfaro, Dolores Payan, Gina E. Fuentes, Internal Revenue Service, George Terpack, Carolyn Leonard, Timothy A. Towns, John Does, Jane Does, 149 F.3d 1190, 10th Cir. (1998)