CEBU CITY – To help solve the perennial flooding problem in this capital city without “drastic legal actions”, Mayor Edgardo Labella has offered an “engineering solution” to owners of structures that are blocking the waterways.
In a recent meeting with these owners, Labella appealed to their
sense of corporate social responsibility and civic duty to voluntarily remove
the structures that are obstructing the rivers, canals, and esteros (estuaries)
as part of the engineering measures.
Office of the Building Official head, Architect Florante Catalan,
presented 83 structures – both commercial and residential – that are considered
to be nuisance and are needed to be demolished due to violation of the law on
easement.
“These are really structures that obstructed the waterways. But
(in our) initial findings, these were built in (the year) the 70s, 80s, and
90s, that’s why we will give them the challenge to work with us,” Labella said,
adding, instead of immediately instituting drastic legal action, building
owners need to work with the city in removing the obstructions.
He also announced that he is forming an ad hoc committee that will
oversee the engineering solutions laid down by the city government. The
committee will be composed of officials from the Department of Public Works and
Highways – Cebu City Engineering District, Department of Environment and
Natural Resources, the Cebu City Department of Engineering, Cebu City
Environment and Natural Resources Officer, the Prevention, Restoration, Order,
Beautification, and Enhancement team, and the City Legal Office.
City Legal Officer Rey Gealon reminded structure owners of the
provisions of the Civil Code which states that “banks of rivers and streams,
even in case they are of private ownership, are subject throughout their entire
length and within a zone of three meters along their margins, to the easement
of public use in the general interest of navigation, floatage, fishing, and
salvage”.
He also reminded them of the provisions of Presidential Decree
1067, otherwise known as the Water Code of the Philippines that instituted
setbacks of three meters from the margin of the riverbanks which are supposed
to be danger zones.
Structures constructed in violation of those provisions of the law
may be considered a nuisance and the city may call for their abatement, Gealon
said.
The city, Gealon added, will be constrained to assert the National
Building Code against those structures found obstructing the waterways and
causing flooding in the nearby neighborhood.
Labella said he is giving the building owners a “reasonable time”
to remove the obstructions. “So far there is no resistance (from the building
owners). In fact, their representatives manifested to comply,” he said. (John
Rey Saavedra. With a report from the Cebu Examiner.)
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