Structure owners hit on missing easement law

CEBU, Philippines - Cebu City Engineer Jose Marie Poblete believes the city could not monitor establishments violating the three-meter easement zone law because majority of structure owners do not apply for permits.

“Mas daghan diha nga wala gyud mo-apply og permit ba, mao na nga dili nato ma-monitor. Walay (statistics) pero the way we see it, daghan gyud diha ang wala mag-permit,” Poblete told The FREEMAN.

Article 51 of Presidential Decree No. 1067 or the Water Code of the Philippines states that “banks or rivers and streams and shores of the seas and lakes throughout their entire length and within a zone of three meters in urban areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage.”

“No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, or to build structures of any kind,” the law says.

Poblete renewed the assurance that when they will know about those establishments without permits, they will send them notices.

“Actually, kun mahibaw-an nato, we send them notices, pero mao lagi na usahay, damage has been done,” he said.

However, when The FREEMAN asked Poblete if they are inspecting the building’s location before approving the permit, he said there are lots of people needing their service everyday.

“Maybe wala lang ma-inspect sa mga staff (of the Office of the Building Official). It’s a complicated thing but there are times (that there are) lapses ba kay this is not like an ordinary municipality nga sa usa ka buwan, usa or duha ra’y mo-apply for permit,” he said.

“Everyday, naa’y daghan mo-apply, naa pa’y occupancy (permit and other concerns) unya we have the same (number of) people. Maybe I don’t know nalibot ba kaha,” he further said.

Poblete stressed that barangay officials should help them in monitoring establishments with no permits and violating the easement zone law.

He said a city ordinance allows barangay officials to monitor the construction of any structures in their respective jurisdictions.

“Using City Ordinance 1481, (barangay officials) should help us on this, kay diha sa barangay, sila may nakakita gud. Usually makaabot na namo nga issue kun naa lay mosumbong, usahay dako na ang building, una pa ta makabantay,” he said.

“(In the) first process of permitting kay mangayo baya og barangay88 clearance so kun walay barangay clearance, mahibaw-an dayon nila kay wala man ni sa record diri. Wala gyud nakapangayo og building permit kay wala man ni barangay clearance,” Poblete added.

Another matter that he pointed out was that there are building designers who do not tell the OBO upon applying for permit that the location of the building to be constructed has waterways.

“Mga architect, mga engineers first and foremost gyud unta (know that the location has river). Ang ipakita sa among opisina ang lot ra, wala gibutangan naa diay river diha. (They) are required to indicate the location of the river. They should be honest enough to say (if there is a river),” he said.

Poblete said architects and engineers should know the law on three-meter easement.

Based on earlier reports, Mayor Michael Rama assured that the city government will really force the owners to destroy the parts of their buildings which are encroaching the rivers.

Guillermo Viola of the Department of Engineering and Public Works earlier said strictly implementing this law will help solve the flooding problem in the city.

He said this law will help the city government widen the rivers where water during the heavy rain is supposed to freely flow.  — Mechelle P. Florita/JMD (FREEMAN)