CEBU, Philippines – Mandaue City has issued the demolition of illegal structures constructed along the sidewalks of Antipolo Extension in barangay Looc.
The FREEMAN reported two weeks ago that the illegal structures caused flooding in the area.
The illegal structures reportedly were constructed more than 15 years ago.
A copy of the demolition order, made available to The FREEMAN, was signed by assistant city administrator Eutiquio Sanchez dated August 4, 2010.
The order stated that pursuant to Section 23 of Presidential Decree No. 17, otherwise known as the Revised Philippine Highway Act, "shall be unlawful for any person to usurp any portion of the right-of-way to convert any public highway, bridge, wharf or bail to his own private use or to obstruct the same in any manner.
It said that an Executive Order No. 17, Series of 2004 dated July 29, 2004 provides that "the City, being a vibrant industrial city, has to see to it that its roads are always free from obstruction and traffic snarls to allow the smooth flow of goods and services" as well as "the need to bring back the roads to the motorists and the sidewalks to the pedestrians."
Sanchez said the City Legal Office had sent a Notice to Vacate/Demolish dated July 31, 2010 to the following owners and occupants of illegal structures, shanties/stalls protruding along the sidewalks of Antipolo Extension in barangay Looc.
The owners of the illegal structures were identified as Eddie Gestopa, Lyn Gestopa, Richard Ouano, Maryan Penalosa, Uldaric Padron, Belen Madraso, Cesar Escario, Aurora Briones, Charlet Leopardas, and Cherelyn Alicante.
They were informed that their occupancy of sidewalk or road right of way was illegal per se and contrary to existing ordinances, rules and regulations and to advice the same to voluntarily vacate the premises.
But despite the notices, the owners or occupants refused to vacate.
Aside from the Presidential Decree cited by the demolition order, the illegal construction was also grossly violative to City Ordinance No. 2001/003 otherwise known as the "Anti-Abuse of City Sidewalks Ordinances" and Presidential Decree No. 1096 otherwise known as the National Building Code of the Philippines and its implementing rules and regulations.
Based on the demolition order, the City Legal Office, in coordination with the chief of the Mandaue City Police, and barangay tanods of Looc, is hereby ordered to immediately demolish these illegal structures/shanties/stalls located along the camino vicinal or road right of way of Antipolo Extension in barangay Looc and charging the cost of the demolition to the occupants. (FREEMAN)