BAGUIO City Planning and Development Office (PDO) OIC Evelyn Cayat said in court that the expansion project of SM City Baguio conformed to the zoning ordinance and comprehensive land-use plan of the city, reason a locational clearance has been issued.

Cayat said this before Regional Trial Court Branch 5 presided over by Judge Antonio Esteves as a witness for plaintiffs led by the Cordillera Global Network in relation to a consolidated environment case assailing the planned mall-expansion project.

The plaintiffs, represented by Counsel Jado Rafael Addon Bognedon, invited the city official purposely to testify regarding the enforcement of the 2001 Zoning Ordinance on the expansion of SM mall in Luneta Hill and to attest whether SM was granted a clearance to expand its mall by the Local Zoning Board.

On direct examination, Cayat said SM management submitted its project plan and location to secure the clearance and a building permit. Upon evaluation, she found out that such project is allowed in the city and that its location falls under the commercial classification C1.

“[The project] is in the allowed zone. And their proposal for a commercial building, such as a mall, for this purpose an extension mall, is allowed in the city. It conforms to city ordinances,” Cayat testified.

Bognedon said in an interview after the proceeding that they aimed but failed to point out in court that development structures such as malls are not included in the list enumerated in classification where SM’s project was listed under.

The plaintiff said SM City Baguio should have been classified as high density or C3 considering its huge clientele.

SM counsels Ma. Patricia Paz of ACCRA law offices and Gregorio Narvasa II of Fortun Narvasa Salazar law firm did not cross examine the witness as Cayat was also scheduled among the witnesses for the respondents. Counsels from the solicitor general representing public respondent the Department of Environment and Natural Resources (DENR), asked if the DENR and the Department of Public Works and Highways took part in the evaluation made by the PDO. Cayat said they did not, as these offices, the DENR in particular, also make their own evaluation when issuing environment compliance certificates.

Earlier, the August 22 hearing was canceled as witnesses failed to appear.

The next hearing was set for August 30, the plaintiffs’ last trial allocated them by the court. After that, it will be the respondents’ turn to present their witnesses.