City Legal Office recommends: Probe two health “nuisances”

CEBU, Philippines — The owners of two environmental “hazards” are set to face investigation after the Cebu City Legal Office has recommended for the Cebu City Environment and Natural Resources Office (CCENRO) to take action and look into the endorsement of City Health Officer Dr. Daisy Villa against the owners of a piggery and a residential septic tank in barangays Sirao and Kamputhaw, respectively.

City Legal Officer Rey Gealon said the piggery and the septic tank have sanitation issues as reported by the sanitary inspectors --they failed to observe measures to maintain satisfactory sanitary conditions.

Noel Sibonghanoy was identified as the owner of the piggery in Sitio Tawason, Barangay Sirao, while Regalada Malinao was identified as the owner of the residential septic tank along Escario Street, Barangay Kamputhaw.

The City Legal Office, in a letter to Villa dated last January 2, stated that under Ordinance 676 or the Revised Sanitary Code of Cebu City, the two entities may aptly be considered as nuisances.

“Section 30.5 of City Ordinance No. 676, otherwise known as the Revised Sanitary Code of Cebu City, mandates that nuisance such as these unhealthful or obnoxious environments may be abated like demolition or closure of the establishment by the City Health Officer,” said Gealon.

No. Article 694 of the Civil Code defines a nuisance as “any act, omission, establishment, business, condition or property or anything else that: injures or endangers the health or safety of others; annoys or offends the senses; shocks, defies or disregards decency or morality; obstructs or interferes with the free passage of any public highway or street or any body of water; or hinders or impairs the use of property.”

The Sanitary Code defines nuisance as “any premises which are in dirty or unsanitary condition; any street, or road, or any part thereof or any water course, ditch gutter, side channel, drain, dump, as pit, sewer, privy, latrine, urinal, or cesspool so foul as to be offensive or unhealthful; and any stable or cowshed, piggery or pigpen, poultry house, poultry yard, and any household backyard livestock project or deposit of stagnant water, sewage water, manure, house refuse, or other matter, wherever situated, which is unhealthful or obnoxious.”

CLO said that both owners were given several opportunities to adopt the proper measures to address the sanitation issues, but they still failed to do so.

Villa, as the City Health Officer, is the one in charge of executing and enforcing all laws, ordinances, and regulations relating to public health, and to cause the prosecution of all violations of sanitary laws, ordinances, or regulations. (FREEMAN)