CEBU, Philippines - The Office of the Building Official said Barangay Buhisan can issue a cease and desist order against the owner of a subdivision being constructed in Sitio Panpanan with a retaining wall that occupies a portion of the main road, making it impassable to barangay buses and other large vehicles.
This road in Panpanan that was narrowed to less than four meters due to the retaining wall is an access road to barangays Toong and Pamutan.
If the two barangays shall take the other route, the distance to the lowland barangays would be doubled.
Buhisan officials also complained that their 6x6 bus donated by the city government can no longer pass due to the obstruction. They cannot use the other side of the road because down the other side is a river.
Building Official Josefa Ylanan said that the barangay can issue a cease and desist order because under City Ordinance 1481, the barangay is empowered to suspend illegal constructions in their area.
The construction of the retaining wall is deemed illegal because it has not applied for a permit from the barangay.
If there is no clearance from the barangay, the same will not be permitted at the City Planning and Development Office and OBO.
Ylanan said the retaining wall being constructed in the lot of a certain Joseph B. Din has no clearance or building from her office.
Before a retaining wall is constructed, the owner must submit a detailed plan properly signed by the structural engineer to the OBO.
The barangay may stop the construction and confiscate all the materials.
Buhisan councilmen Grema Barete and Israel Bacarisas were in the office of City Councilor Roberto Cabarrubias to seek the assistance of the infrastructure committee which Cabarrubias heads.
They said that the owner is insisting because he owns that portion of the lot that was used as a road.
The barangay officials have checked with the General Services Offices and found out that this portion of the road in Buhisan is not owned by the city government.
It was only allowed by the owner to be used as a road but the barangay cannot claim possession or authority over it.
The barangay officials, nevertheless, will stop the construction because it has no building permit and other necessary permits.
Barangay officials also said that the owner started the construction of the subdivision without a permit from the barangay or even from the city planning office. (FREEMAN)