Confusion, disputes arise among Maharlika tenants
Text & Photo by: Rimaliza A. Opina
Emotions were high during the public consultation called by the City Council’s Committee on Laws regarding the proposed interim guidelines for the operation of the Maharlika building.
Tenants who attended the consultation on 10 September, at the University of the Cordilleras Theater said they are confused, angry, and anxious about their fate, after receiving notice from the building’s management that the new interim guidelines would displace some of them.
One tenant said she and her daughter have been losing sleep because of uncertainty regarding the renewal of their contract, which will end by 30 September.
Another tenant who has been operating a stall since the 1980s also accused the members of the Committee and the Maharlika management for ignoring their appeal to continue operating.
The interim guidelines recognize the previous subleasing agreements of the tenants but this is temporary. Tenants are permitted to operate for three months only subject to renewal for another three months, until adoption of a master development plan.
About 200 of tenants who attended the consultation bargained for the city government to allow them to continue leasing, rather than bid out the stalls.
The tenants said they have invested their hard-earned money and time to hold business at the Maharlika. The possibility of being displaced when the city implements zoning and tenant selection regulations has concerned them regarding their inclusion as tenants.
Tenants are also confused as to where they will remit their rent.
Andrew Palangdao, a lessor at the 5th and 6th floor and who subleases stalls said he has accepted that his and his sublessors’ contracts might not be renewed, but he is also unsure if he will cutoff the current and water connection, and stop the maintenance at the areas being rented.
In his agreement with the Human Settlements Development Corporation (HSDC), Palangdao said aside from the rent, he is also collecting maintenance fees, and fees for water and current.
Palangdao said if he and other sublessors will be told to stop operating, so will the services they render to those who rent from them.
Gym operator Eric Kelly added, he pays his rent to Palangdao because of the assurance from the Maharlika management that they may stay in the meantime, but he often receives calls from the City Treasurer’s Office that he should remit his payment at City Hall.
Another tenant also lamented that the guidelines, which is now being implemented even if this has yet to be adopted into an ordinance, said lessors and sublessors have turned into enemies because of the “single stall” provision.
This provision states that in case one tenant owns two or more stalls, only one stall will be awarded and will only be managed by one person. It is up to the parties to settle who will stay as tenant, the guidelines state.
Such issues have been referred for adjudication by the technical working group created by Mayor Benjamin Magalong, but this policy has resulted in disputes among the tenants.
The tenants also pointed out the inconsistency in earlier statements of the mayor. They claim they were promised that no one will be displaced but based on the design perspective by the City Buildings and Architecture Office and which was presented during the consultation, about 20 will be displaced.
There are about 300 tenants at Maharlika. In the CBAO’s design, there will only be 280 stalls.
The tenants also complained that they were not given copies of the proposed guidelines and are thus not properly informed about its contents and its implications.
“We welcome fresh ideas; but this is all new to us. Ang kontrata namin ay hanggang September lang. We do not know what will happen next,” another tenant said and requested that another consultation be called after they are furnished a copy of the ordinance.
The City Council’s ComSec explained that the proposed ordinance is uploaded in the Sangguniang Panlungsod’s Facebook page. They no longer issue paper copies due to the SP’s paperless policy. They assured to reupload the proposal at the same time to email a copy to tenants who submitted their email addresses.
Meanwhile, Committee on Laws chair, Councilor Paolo Salvosa said the committee will study all inputs and will make a fair report about the concerns of tenants. However, he reminded that while they understand the plight of the tenants, allowing those who acquired the stalls other than the means permitted by the city government will deprive other micro and small businesses of a chance to hold business especially when the original tenant passed the lease right to his/her descendant.
He also reiterated that as owner of the Maharlika Building, the city government, has the sole prerogative of renting out the stalls, not the tenants.
During the consultations, tenants confirmed that some of them bought the lease rights and others passed it on to their children.
Patterned after the Market Code, the guidelines likewise bar subleasing and transfer of rights.
