Resto gets City Council’s ire

CEBU, Philippines — In a public hearing, some members of the City Council criticized a branch of a fast-food giant that has long been encroaching upon the arcaded sidewalk at the corner of F. Gonzales Street in Cebu City.

This came after it was revealed that the establishment had not been issued a building permit.

This concern was brought up by Councilor Pastor “Jun” Alcover during the public hearing for the proposed comprehensive revision of the city’s zoning ordinance, which may determine the classification of land use throughout Cebu City. Alcover said he has raised this issue several times, questioning whether the management had gone through the zoning board and obtained the necessary permits.

Cebu City Planning and Development Office assistant department head Anne Marie Cuizon said that according to their records the establishment doesn’t have a locational clearance.

“Nganong untouchable man na siya? Dugay na kaayo. First term pa nako sa council ako na ng gi-brought up nga issue, but until now wala g’yud na sya mataga-i og action,” said Alcover.

He explained that pedestrians going to the Basilica Minore del Santo Niño have to take the street beside the establishment, as the sidewalk has already been encroached upon.

Councilor Noel Wenceslao said that while this problem is visible in the downtown area, a similar issue is also occurring in upland areas where commercial establishments are mushrooming around protected zones.

He then recommended that the incoming council members bring the matter before the Office of the Building Official (OBO).

OBO representative Emmanuel Cuizon, who also spoke during the public hearing, confirmed that the establishment doesn’t have a building permit. However, he claimed that the arcaded sidewalk where the establishment has encroached is still part of the property.

“Mura man og inutil atong gobyerno ani aning istoryha. Wala g’yud tay nahimo? Walay permit? Pero nagpadayon na siya for how many years already? I understand wala na nagbayad og buwis tingali kay wa may permit?” Alcover remarked.

He further criticized the inaction on the part of the city government and urged that the issue be addressed, noting that it has been the subject of complaints received by his office multiple times since 2016.

Cuizon said the area has already been considered a “detriment” to pedestrians. He clarified that the OBO has already issued multiple notices and has lodged the complaint with the Cebu City Legal Office.

He said this action was taken during a walk-through conducted by the late Mayor Edgardo Labella. In line with this, Cuizon said they will revisit the issue, adding that the latest update is that the stakeholder has promised to clear the lower ground floor of the establishment.

Councilor Jocelyn Pesquera then highlighted what she perceived as unjust treatment in handling violations. She cited an example where a resident approached her and revealed that a shanty-like structure encroaching upon an easement was criminally charged in court by the OBO.

“Barong-barong ang balay, gikiha. Pero karon, a building, wa pa gihapon gikiha, that’s already seven years has passed,” said Pesquera.

She further observed that based on Cuizon’s statements, it appears the arcaded sidewalk was treated as a privilege granted to the owner for upper-floor use.

Councilor Jerry Guardo also cited frustrations from the barangay captains of Sambag and Hipodromo, where the construction of a building encroached upon an easement. He said despite the issuance of cease-and-desist orders, the construction continues.

“Asa man ang ngipon, walay ngipon nga mopa-stop nila. They already called the assistance of the police, asa man g’yud ang ngipon sa OBO para mapa-stop,” said Guardo.

Cuizon responded that they have been fulfilling their mandate by issuing notices to establishments violating building codes. He emphasized that despite their actions, property owners continue with construction.

He added that because of this, they have already sought their own legal officer, but to no avail as only the CLO can represent the OBO in filing charges. He then said that the OBO needs support in enforcing these policies and noted that they have already sought the assistance of the police.

“Inig apprehend man gud namo ani nila, naa g’yud resistance, as well as they also created some sort of a murag panghadlok sa among personnel,” said Cuizon.

Councilor Philip Zafra said it is “frustrating” for the City Council to pass multiple policies only to face challenges with enforcement. - Iris Hazel Mascardo/BRP