City demolition team can operate sans order

The Cebu City attorney's office has empowered the Squatters Prevention and Encroachment Elimination Division to clear the city's sidewalks of illegal vendors without the need to secure a demolition order.

SPEED head Vicente Mercado said this after sidewalk vendors along Leon Kilat Street claimed they were harassed when their wares were confiscated by his personnel.

Mercado said owners of the establishments there complained to City Hall about the presence of illegal vendors.

Maria Buanghog, chairwoman of the Cebu City United Vendors Association, told acting Mayor Michael Rama about the operation along Leon Kilat Street.

Mercado advised Buanghog to read the legal opinion of the city attorney's office issued by then city attorney Ralph Sevilla that clarified the matter.

It said that a movable vendor -or those using pushcarts and or other contraptions- staying in the streets thereby endangering others or obstructing vehicular traffic, can be considered a public nuisance.

The legal opinion also explained that those considered public nuisance may be summarily removed as provided for under Article 694 (1 and 4) in relation to Article 699 (c) of the New Civil Code of the Philippines.

But SPEED members were also warned not to destroy any illegal structures constructed in public places without securing first an order issued by the mayor.

Mercado admitted that he failed to clear the city's sidewalks of obstacles but blamed it on Buanghog who he says quickly runs to Mayor Tomas Osmeña every time her members are affected in clearing operations.