CEBU CITY – Toledo City is open to businesses and development as long as requirements are complied.
Toledo City Mayor Joie Perales emphasized this after a case was filed against her before the Office of the Ombudsman for allegedly not acting on the application for reclassification of land in Barangay Tubod, Toledo.
Perales denied the allegation against her, saying it was the Department of Agriculture-Central Visayas (DA-7) that denied the application of real estate developer Il Grande Home Development Corp.
PERALES
The case against Perales and Vice Mayor Jay Sigue was filed by Vivian Mendrez, an official of the Il Grande who is running for councilor with the opposition slate.
Perales disclosed that the company applied for a fencing permit and locational clearance on Sept. 1, 2021, which the city approved and released on Sept. 8.
In September that year, the developer also applied for a fencing permit and locational clearance to fence off another phase of its development works which the city approved and released on Oct. 6, 2021.
According to the records at the City Planning and Development Office, the developer went back to the city government on May 8, 2023 to apply for clearance and zoning certificate. In this process, especially since it involved converting agricultural lands to residential use, the DA-7 must be involved as the national agency also has its own list of requirements for the reclassification of land.
The city also wrote to the DA-7 asking for a certificate of no objection. In its August 2023 reply, the DA-7 stated that the developer needs to comply with their set of requirements pursuant to DA Memorandum Circular (MC) No. 26, Series of 2022, which is based on several laws, such as MC No. 54, Series of 1993, “Prescribing the Guidelines Governing Section 20 of RA 7160 or the Local Government Code of 1991, authorizing Cities and Municipalities to Reclassify Agricultural Lands into None Agricultural Uses,” before they could act on the application.
The City Council spearheaded by Sigue approved a resolution on Jan. 30, 2024 backing the developer’s application before the DA, stating that they have no objection to the residential development project.
Upon completion of the requirements, the city government, on behalf of Il Grande, submitted these to the DA on Feb. 23, 2024.
The city later made a follow-up about the matter, but it was not until Sept. 9, 2024 that DA personnel visited Toledo to inspect the agricultural land that is subject for application for reclassification.
After they did not receive any communication from the DA, Perales wrote the agency’s regional office to inquire about the progress of the application.
The city was shown a copy of the decision dated Nov. 25, 2024, signed by DA-7 Regional Director Angel C. Enriquez that the application was denied.
In its complaint, Il Grande stated: “As of this date, complainant and their staff kept on going back to the Office of the City Mayor, Office of the City Vice Mayor, and the respective offices of the Sangguniang Panlungsod to seek assistance and clarification on the matter, as to why their request for the issuance of a zoning certificate and variance report was never granted…the complainant is simply passed around…without valid reason for their non-action.”
However, the city, in a letter to Il Grande dated Jan. 21, 2025, informed the developer of the DA’s denial of its application, as the agency highlighted the lot’s high potential for agricultural productivity.
Attached to the letter from the City Planning and Development Coordinator were documents that provided explanation, “as assessed and evaluated by the DA.” This letter was signed and received by Il Grande on Jan. 22, 2025.
Perales pointed out that the accusations against her contradicts what her administration is trying to achieve.
“This administration advocates business-friendliness but we have requirements. We just have to comply. In fact, there are residential housing projects that have already started in the city. We are working hard to have developments in the city because this is for the good of the people. Good developments in Toledo are very welcome,” Perales said.