A government investigation has found that a land rezoning ordinance in Cagayan de Oro City failed to follow mandatory procedural requirements, according to a Department of Human Settlements and Urban Development (DHSUD) letter.
The fact-finding investigation by the DHSUD revealed that City Ordinance No. 14256-2022, and its repeal, City Ordinance No. 14857-2024, did not undergo a required public consultation or public hearing. Neither was it ratified by the DHSUD, as required under Housing and Land Use Regulatory Board (HLURB) Resolution No. 919.
The ordinances would have rezoned land for the planned P6.5 billion Masterson Mile North project, a mixed-use development featuring high-rise towers.
- READ RELATED ARTICLE: Uptown homeowners oppose ‘Towers of Darkness’
The project has faced opposition from homeowners’ associations who cited potential negative impacts on the environment, including increased traffic, strained water supply, drainage issues, and heightened flooding risks.
In an August 4 letter to Cagayan de Oro City Mayor Rolando Uy, the DHSUD said the city must refrain from issuing locational clearances for the project until it complies with all applicable rules and regulations.
The agency’s investigation was prompted by a complaint from the Morning Mist Village Home Owners Association Inc. (MMVHOA), led by its president, Arthur P. Aranas.
Aranas welcomed the findings, stating they affirm his group’s position that the rezoning was “legally flawed, procedurally defective, and morally indefensible.”
He added that the ordinance was “railroaded through the City Council in 2022 with alarming speed,” and noted that the council approved the rezoning in less than a minute.
“The process violated principles of transparency, due process, and participatory governance,” Aranas said.
He also commended the DHSUD and the Department of the Interior and Local Government (DILG) for “scrutinizing the irregularities.”
As of now, no locational clearance has been issued for the project, and the application remains pending.
The DHSUD recommended that the issue be addressed in the city’s ongoing update of its Comprehensive Land Use Plan and Zoning Ordinance.
