CEBU, Philippines — The Cebu City Legal Office has recommended to concerned departments of the City Hall to issue the necessary permits for the Philippine National Police to proceed with the construction of their police station in Barangay Inayawan.
Lawyer Rey Gealon said Mayor Edgardo Labella’s order was clear and categorical which is to let the construction of the police station with dispatch.
“Police visibility in the area is indispensable, hence the need for the immediate construction of a decent and respectable police station,” Gealon said.
The City Legal Office has received the request for legal opinion on the application for locational clearance on the proposed construction of a three-story police station in Barangay Inayawan.
Gealon said the contractor of the PNP, DSJP Construction, was unable to obtain a barangay clearance.
In his legal report, Gealon said the City Planning and Development Office cannot process the locational clearance for the construction of the police station in the barangay because of the absence of the barangay clearance.
In 2017, Barangay Inayawan donated a 566-square-meter lot to the Cebu City Police Office for the construction of the police station.
Also, the barangay issued a resolution affirming the donation and executed a Deed of Absolute Donation.
“Barangay Inayawan, under the administration of Barangay Captain (Kirk Bryan) Repollo, has refused to issue a barangay clearance to DSJP Construction. Due to such deficiency, DSJP Construction could not secure a building permit and other documentary requirements,” Gealon said.
Gealon said Repollo initially justified the refusal to issue a barangay clearance to the contractor because of the lack of official receipts from the barangay.
Sought for comment, Repollo said he sent a communication to Labella, saying he would want to meet the mayor and discuss the matter.
“I am just hoping that before any parties will make a move on the foregoing matter, we could sit and talk things over. Hoping that this issue will come to a conclusion with a win-win solution, setting politics aside,” he added.
But, Gealon said the issuance of barangay clearance is an exercise of the taxing power of the barangay under the Section 152 of the Local Government Code.
“For failure of Barangay Inayawan to act on the request of DSJP Construction within seven days notwithstanding that the applicant is willing and able to pay reasonable fees therefor, the last clause of Section 152(c) becomes operative and the City of Cebu may issue the said license or permit applied for by DSJP Construction without the barangay clearance,” he added. — GAN (FREEMAN)