THE residents of Barangay Blue Ridge A in Quezon City have filed a petition before the Regional Trial Court to prevent City Planning and Development Officer Tomasito Cruz from allowing the construction of a school, despite a zoning restriction.
The Blue Ridge A residents sought the issuance of a temporary restraining order (TRO) and, eventually, a permanent injunction to stop Cruz from issuing a permit for the construction of a 10-story school building by Multiple Intelligence International School (MIIS) in a prohibited area on Katipunan Avenue.
“Petitioners seek the issuance of a writ of prohibition to nullify the threatened imminent action by public respondent [Cruz] of issuing a locational clearance in clear violation of Ordinance SP-2200, S-2013, titled The Revised Quezon City Comprehensive Zoning Ordinance,” the petition said.
Petitioners noted that the zoning ordinance was duly signed by the City Council of Quezon City and approved by Mayor Herbert Bautista on March 25, 2013. It was published on July 8, 2013.
Under the zoning ordinance, Blue Ridge A was classified as a Special Urban Development Zone (SUDZ), or an area “governed by certain conditions and regulations to preserve and protect their distinct or special character, or control physical development to prevent traffic congestion, deterioration of services, facilities and environment and other problems affecting the general public.”
The zoning ordinance provides that among the uses “not permissible” in this SUDZ are “additional schools.”
Declaring Blue Ridge A as part of the Katipunan SUDZ is meant to allow people in the area to enjoy certain benefits arising from lesser traffic congestion, slower deterioration of services and facilities, and cleaner and more peaceful environment.
“It also lessens their exposure to death and injury resulting from earthquakes, given the fact that Blue Ridge is close to the Marikina fault line,” the petition said, noting that the site of the planned MIIS building abuts a cliff or a deep ravine and just 400 meters from the fault line—putting it at greater risk in the event of a strong earthquake.
Aside from the danger to both MIIS students and nearby residences in case of an earthquake, residents also raised the fear that traffic on Katipunan Avenue will become further constricted than it is now if a large school is built along the major thoroughfare already used by large trucks as it is part of the C-5 road.
The petitioners noted that MIIS had already completed demolition work in the site, even without a valid demolition permit.
Barangay Blue Ridge A and Blue Ridge Residents’ Homeowners Association have already denied the request of MIIS for clearance as a prerequisite for their application for a Local clearance and construction Permit.