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VOLUME XXVI No. 36
Tagbilaran City, Bohol, Philippines
March 18, 2012 issue
 

Cortes gas station caught in tussle of 2 Cortes politicians

 

A gas station in Upper La Paz, Cortes town, is caught in a heated squabble between Mayor Jasmine Balistoy and an opposition kagawad believed to be its owner but turned out to have been operated by his own father. Oscar B. Lim, a businessman from the town of Cortes and father of Kagawad Lynn Iven Lim, a member of the Cortes Sangguniang Bayan, reported earlier to have owned the gas station, has come out to claim the establishment’s ownership. The gas station was at a receiving end of Mayor Balistoy's accusations of operating a business and/or making a construction without the required permits. During an interview, the elder Lim wanted to make it clear that he is the sole proprietor of a gasoline station business he intends to open at Upper de la Paz, Cortes. Lim, the father, denied that the gas station is owned by a son.

Lim claimed that Mayor Balistoy refused to issue a building permit and a locational zoning clearance for the gas station, despite compliance with all the requirements. He said he originally submitted his application on September 5, 2011, which had allegedly "disappeared" at the Mayor's Office. On September 26, 2011, according to Mr. Lim, he re-submitted and personally delivered his application, accompanied by his Attorney Aleck Francis Lim. However, none of the employees at the Mayor's office was willing to receive the application per the alleged instructions by Mayor Balistoy, that they are not authorize to receive any document submitted by Mr. Lim or his son, Kagawad Iven . Lim. Left with no other options, the elder Lim sent the same application via LBC, but the Mayor's Office had refused to receive the same. His fourth attempt was through a registered mail and this time, Mr. Lim received a reply signed by Mayor Balistoy herself, through a letter with registry receipt number #1518 dated November 15, 2011 which stated in part, "this is to acknowledge receipt of your application letter re: Zoning Clearance which was duly received today (November 15, 2011 "Tuesday")."

He also received a letter from the Municipal Engr. Helen Calatrava dated November 16, 2011, with registry receipt number #9963 which also stated in part, "this is to acknowledge receipt of your Application for a Building Permit together with attached documents." She stated that Mr. Lim needs to submit an Approved Zoning Clearance. However, Mr. Lim was informed at the Mayor's Office that the Zoning Clearance can only be issued by the Chairperson of the Zoning Board, Mayor Apolinaria Balistoy. The board is composed of five members, including the Municipal Engr. Helen Calatrava and the MPDC Mrs. Aristobola Solis, and they allegedly have never had a meeting concerning the issuance of a Zoning Clearance to Mr. Lim. According to Mr. Lim, since nothing had happened after that submission, a letter was mailed on his behalf by lawyer Lim to Mayor Balistoy with copies furnished to the Regional and the Provincial Director of the DILG asking for the status of that application. Yet, Mayor Balistoy had repeatedly claimed that Mr. Lim never submitted his application. This is despite the fact that this matter had been highly publicized and his son, Kagawad Lim had made several statements to the media about the fact that Mayor Balistoy refused to receive his father's application for a permit.

There was compliance, according to Mr. Lim, with all the necessary requirements for the permit, which includes a copy of the Tax Declaration, a Barangay Clearance, a Barangay Resolution, a DPWH Road-Right-of-Way Clearance, and an Environmental Compliance Certificate (ECC) from the Environmental Management Bureau, Region VII. However, the Zoning Clearance is something only Mayor Balistoy can approve. The same clearance is needed before the permit can be issued, which again, only Mayor Balistoy can approve. Lim wondered if Mayor Balistoy has secured the necessary permits and clearances for her family's mini-gas station which was constructed last year in Purok 1, Poblacion, Cortes considering that the DPWH requires for the structure to have a 15 meter set back from the center of the road. Her family's gas station barely has about a five meter set back from the center of the road. He also wondered if Mayor Balistoy successfully acquired an ECC clearance from the EMB considering that the gas station is literally attached to the fence of her parent's house. This is a matter that the DPWH and the EMB should look into.

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