Office of the Solicitor General

SolGen to Suntrust: NHCP cease, desist order of Santa Ana condo still in force

James Patrick Cruz

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SolGen to Suntrust: NHCP cease, desist order of Santa Ana condo still in force

CONSTRUCTION. Suntrust Ascentia builds a condominium in Santa Ana Heritage Zone.

Patrick Cruz/Rappler

Suntrust Properties argues that it obtained all the necessary permits to proceed with the project and that the NHCP cease and desist order has been lifted

MANILA, Philippines – The Office of the Solicitor General (OSG) on Thursday, September 28, warned Suntrust Properties that the cease and desist order issued by the National Historical Commission (NHCP) on the ongoing construction of its condominium project in Santa Ana, Manila was still in force.

Jenina Ysabelle Gutierrez of the OSG, which represented the NHCP and National Commission for Culture and the Arts, warned Suntrust during the investigation of the Manila City Council on the socio-cultural and environmental impact of the condominium project.

“We also give them a stern warning that if they will proceed with the construction we will be constrained to file civil and criminal case,” said Gutierrez, referring to the standing cease and desist order on the Suntrust project in Santa Ana.

On Wednesday, September 28, Gutierrez said they wrote Suntrust to reiterate that the temporary stoppage order issued in November 2022 was still effective.

She pointed out that the Manila court’s ruling on the petition for certiorari orders Suntrust to suspend the construction pending the submission of ECC from the DENR and other required clearances and permits.

In response, Suntrust argued that they have already obtained all the necessary permits to proceed with the project and that the NHCP cease and desist order has been lifted.

The developer said that on February 28, it received the NHCP’s Resolution No. 2, s. 2023 dated February 24, “declaring that the effectivity of the lifting of the CDO shall apply after Suntrust conforms through a written reply to NHCP.”

In its position paper, Suntrust said that the last sentence of the NHCP Resolution is clear and needs no interpretation: “Hence, upon the written reply sent by Suntrust to NHCP which was done twice, the lifting of the CDO became effective.”

In August 2023, construction on the condominium project resumed. This came after the court’s dismissal of the residents’ petition for certiorari and prohibition, and the acquisition of an environmental compliance certificate by Suntrust.

Some residents of Santa Ana, Manila have been complaining about the noises and tremors caused by the construction of Suntrust Ascentia. They also raised concern over the damage to the centuries-old paintings inside the church’s camarin.

Suntrust, however, denied that they were the reason for the damage in the church’s paintings.

During the hearing, Suntrust said that it was willing to communicate and extend help to the church and residents. – Rappler.com

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