City hit for inaction on ‘smelly’ poultry farm

SEVERAL residents of Villa Santo Niño Subdivision in Arevalo, Iloilo City cried foul over the city government’s alleged inaction to their complaints against the “illegal” operation of a medium-scale poultry farm near their area.

The residents are complaining that Abella Poultry Farm, which grows more or less 7,000 heads of layers, emit foul smell during rainy season. Couple Edwin and Ma. Venia Abella owns the farm.

In an interview with The Daily Guardian On Air over Aksyon Radyo-Iloilo on Aug 18, 2018, retired judge Tito Gustilo, also a resident of the subdivision, said that on June 11 they sent letter of appeal to Mayor Jose Espinosa III to relay their complaints.

The letter prayed that the city government implement the third and final Notice of Violation issued by the Office of the Zoning Administrator on Oct 25, 2017, which directed the owners to cease and desist from their operation because it is “illegal.”

The complainants claimed the notice is final and executory “for failure of respondents to file any motion for reconsideration/appeal nor resort to exhaustion of administrative remedies under the law.”

More than nine months since the notice was issued, residents claimed the poultry is still operating.

In the letter, they further stated some solid evidences that the Abella Poultry Farm is illegal such as:

-no locational clearance

-no environmental compliance certificate (ECC) and certificate of non-coverage

-no clearance from the City Health Office in compliance with Presidential Decree 856 or the Code on Sanitation of the Philippines

-no zoning certificate

-no updated business permit

Gustilo said that former City Legal Office head Atty. Lorna Laurea told him that there is an ordinance allowing the poultry business to operate in the area.

“Ordinances should not be contrary with the law. And a Presidential proclamation is superior to an ordinance,” Gustilo said.

The former Regional Trial Court judge added that they also learned that the poultry farm’s business permit was renewed despite the Notice of Violation.

They also lodged their complaints with the City Environment and Natural Resources Office (CENRO).

Gustilo said CENRO conducted three technical meetings but the Abellas’ legal counsel did not attend.

The last technical meeting was held in July but CENRO has yet to take any action, he added.

Worse, Gustilo said CENRO head Noel Hechanova told him that there is a restraining order issued by the court that is why they cannot act on the issue.

“I checked with the court and there is no restraining order. So there is no legal impediment that will stop them from implementing a lawful order of the City Zoning Administrator,” he said.

Gustilo said they have been complaining about the location of the poultry business since 2001.

In one of the homeowner’s meeting, he claimed the Abellas asked for two more years until their child finishes high school and then they will stop their operation.

“But it’s already 2018 and the poultry farm is still there,” he said.

Gustilo clarified that they are not against the business, but he said they only wanted it transferred to an ideal location, away from residential areas.

Presently, the former judge said the poultry is located less than 100 meters from the subdivision and the smell reaches their homes. Ideally, he said poultry farms should be located 1,000 meters from residential areas.

“Under the Housing and Land Use Regulatory Board (HLURB) rules and regulations based on the Presidential Proclamation (856), the poultry farm which is situated in a location declared as an urban area is given 10 years within which to relocate. Pero ara man gihapon sila. In fact, they are even improving the building,” he added.

SOURCE: The Daily Guardian