10-day ultimatum issued: Mayor Osmeña threatens to destroy SRP structures

CEBU, Philippines - Citing "violations" of the building code, Cebu City Mayor Tomas Osmeña yesterday threatened to demolish the structures built by two developers at the South Road Properties, alleging that they "illegally" encroach into the road right-of-way.

He gave the respective managements of Filinvest Land Inc.'s Il Corso at Citta Di Mare and SM Seaside City 10 days to explain why their locational clearance, building permit and occupancy permit should not be revoked.

If they can't give any "sufficient" reason, Osmeña said, he can order the removal and demolition of the structures, which he said were "illegally constructed."

"The City Government is losing its patience. As city mayor, I have to take more decisive steps in revoking your permits and demolishing the structures that have encroached into the eight (8)-meter setback requirement," read his letter.

The FREEMAN sought SM Prime Holdings Inc. for it side but its representative refused to comment.

FLI Visayas Cluster Head Allan Alfon, too, declined to comment, saying he has yet to read the mayor's letter.

 "I was informed by my staff that several notices were sent to the office. I'm in Manila right now (yesterday), I haven't read any notice. So I will not comment further," he said.

Yesterday, Osmeña sent separate "Show Cause Notices" to Antonio Cenon of FLI's Il Corso At Citta Di Mare and SM Supermalls Visayas Regional Operations Manager Sherry Tuvilla.

In the notice sent to SM, the mayor said its structures at the SRP violated the eight-meter setback requirement provided by the National Building Code of the Philippines.

Section 804 (l) of the NBCP mandates that for a "Commercial, Industrial, Institutional and Recreational Building along newly developed thoroughfares, the required minimum setback for lands abutting the RROW with widths of 30.00 meters and above shall be eight meters."

"In the case of SM, if they will not do anything, I will close the store. You gave them a chance to correct, they said they're going to correct starting December.  Wala pa gyod…. Maybe they think they are exempted from the law. That's the problem with SM, they think they are exempted in everything," the mayor said.

Osmeña said SM Seaside City has constructed plant boxes and stairs on its property line and RROW, in alleged violation of allowable maximum building footprint.

"SM Seaside is therefore a non-conforming building," he said in the notice.

In both letters to FLI and SM, the mayor cited Section 455 (b) (3) (vi) of the Local Government Code of 1991, which states that "the City Mayor is mandated to enforce all laws and ordinances and has the duty to require owners of illegal constructed houses, buildings, or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance."

For FLI, Osmeña said, there is a concrete canopy whose columns were constructed on its property line and RROW.

The mayor said he sent letters to these companies in November 2016 but both did not act on the requirements. (FREEMAN)