CEBU (Updated) -- The development of a condominium complex along Salvador St. in Barangay Labangon, Cebu City, has been suspended by the City Government after an accident that killed a welder Wednesday, August 31.
The 22-year-old welder, who was not identified, was killed when a portion of the retaining wall purposely erected to prevent soil erosion and water intrusion at the construction site collapsed around 10 a.m. Wednesday.
The incident took place while the welder was trying to reinforce the sheet piles serving as retaining wall, said the project contractor, JE Abraham Lee Construction and Development Inc. It clarified though that "there are no construction works being undertaken at the site, so the report that a building collapsed is misleading."
"What we are simply doing is tearing down the old buildings, which is duly covered by a demolition permit. While it is true that there are excavations onsite, these are preliminary diggings as part of the demolition work," it added.
Office of the Building Official (OBO) chief Engr. Josefa Ylanan said the developer of Casa Mira Towers, which will house 686 condominium units in a 16-storey and 18-storey buildings expected for completion in the fourth quarter of 2018, does not have an excavation permit or a building permit from them.
“After I learned about the incident, I tried to verify and what they have is an approval for the demolition of their existing structure, a bodega. Aside from that, wala na. The probability there is they demolished the structure but at the same time nag-excavate. So there is a violation there,” she said.
Cebu Landmasters Inc., the developer of the condominium project, applied for a demolition permit for a two-storey commercial building in May 3 this year.
The demolition permit was granted by OBO in June 1 and was penned by then building official Engr. Jose Marie Poblete.
The permit states the demolition of the structure should be completed within a period of 15 days.
However, Ylanan said they were not informed that the developer subsequently started the excavation works for the foundation of their buildings.
Cebu Landsmasters, she said, might be facing sanctions from the City but OBO will have to consult first with the City Legal Office.
“Excavating without a permit is a criminal offense,” she said, although the developer can still get the necessary permits from them after all requirements are met.
According to Ylanan, they can get an excavation permit first or opt for a building permit, which goes with it already the excavation for the foundation of their condominium buildings.
For now, Ylanan said any further excavations are suspended at the project site. OBO will also conduct further investigation on Wednesday's incident.
She also said any vertical development in the area is not allowed until a building permit will be issued.
However, Ylanan said the developer can continue with the soil protection works in the area to prevent further accidents at the site.
But Cebu Landmasters said there is no need to secure a building permit for now, since it has not started the construction of the condominium building yet.
"What we have are the necessary permits to where we are now. We have the demolition permit and that's what we've been doing, tearing down the property," said Cebu Landmasters assistant vice president for legal, documentation and permits lawyer Larri-Nil Veloso.
Inside the 3,681-square-meter property, where two condominium towers will rise, was a fashion accessory and home decors factory for AB Soberano International Corp., the export affiliate of Cebu Landmasters, which now operates in Guadalupe.
Veloso said the developer has already applied for a building permit, but its status is still "pending." For the excavation permit, he said, as of Wednesday, it will check its records.
Based on initial investigation, the welder was rushed to the hospital 30 minutes after the wall collapsed.
"Ni-move ang soil, but they already noticed it prior to the accident. There was already a sheet pile installed to prevent (accidents). When they noticed it, they tried to reinforce, but unfortunately before they could finish the reinforcement, the accident happened," said Veloso.
Cebu Landmasters has tapped JE Abraham Lee Construction and Development Inc. as the general contractor for Casa Mira Towers. This is the second time that the said contractor has served the developer. It first built the amenity area of Mivesa, a condominium project in Barangay Lahug.
Veloso said the incident is primarily the responsibility of the contractor, although he noted that Cebu Landmasters will provide financial assistance to the family's victim.
The contractor, for its part, said it will also extend assistance to the victim's family.
"This is an unfortunate accident no one wanted to happen," it said in a statement. (PDF/JOG/VoxPop Cebu)