Mayor, town execs, tsinoy businessman face raps over 'unwanted' gas station
The entire set of town officials headed by the mayor of Santa Barbara, Iloilo and a local businessman were hurled into Court by a Parent-Teacher Association (PTA) here.
Docketed as Special Civil Action Case no. 07-29519, named respondents were Mayor Isabelo Maquino, members of the Santa Barbara municipal council and Santos Petroleum Corporation.
The case stemmed from the special permit granted to the gas company which the complainants said violated existing provisions of a longtime Ordinance.
Petitioners banded under the PTA of Santa Barbara National Comprehensive High School led by former broadcaster Larry Deatras.
In a ten-page Petition, the group called for the declaratory relief with prayer for the issuance of writ of preliminary injunction.
Main contention of the petitioners was based on the general welfare clause of the town's Comprehensive Zoning Ordinance. The group said a blatant violation was committed by the town officials when special permit and an exception to Santos Petroleum Corporation was granted.
"The intended gasoline refilling station of respondent Santos Petroleum at Bangga Dama, Sta. Barbara, Iloilo violates par. 2, Sec. 30 of the Ordinance because it encroached that 100-meter radial barrier from the nearest school which is the Sta. Barbara National Comprehensive High School," the Petition in its main cause of action stated.
The exception as also sought, the complainants further said was wanting of proper procedure. In fact, the group added, statements offered for its consideration "are unsupported by evidence and are just mere general allegations or self-serving statements without valid corresponding explanations or reliable proof in support thereof especially that no public hearing was conducted on the application for exemption."
"Because of the capricious and unjustifiable act of public respondents Municipality and Mayor in granting private respondents Santos Petroleum the assailed Special Use Permit, the latter respondent is determined to pursue the intended project as it has already started with the construction of the project's structure," the Petition as obtained by The News Today (TNT) continued. "Petitioners are entitled to the injunctive of a preliminary injunction, restraining private respondent Santos Petroleum from pursuing the project until the merits of the instant petition is fully heard."