City to prioritize clearing 4 of 7 rivers

CEBU, Philippines —  The Cebu City Disaster Risk Reduction and Management Council (CDRRMC) has agreed to first pay attention to four of the city’s seven major rivers in the serious implementation of the three-meter easement rule within the first 100 days of Mayor Michael Rama’s administration.

As reported by the city’s Public Information Office, this move was discussed during the CDRRMC’s weekly meeting which was also attended by the Division for the Welfare of the Urban Poor (DWUP), Department of Public Works and Highways (DPWH)-7, DPWH-Cebu City, Department of Engineering and Public Works (DEPW), and Cebu City Environment and Natural Resources Office (CCENRO).

The four rivers are Kinalumsan and Tagunol in the south, and Butuanon and Estero de Parian in the north.

Lawyer Gerry Carillo, CDRRMC chairman, said that to achieve a clear result, the implementation of the three-meter easement rule cannot be simultaneously done in the seven rivers.

Besides this, he added that they lack manpower.

Carillo said that it will take a lot of work in identifying the structure owners who are qualified for the assistance and who among them will instead choose relocation.

He said those whose structures are within the three-meter easement of the rivers and waterways will be given financial assistance worth P35,000, while those who refuse the aid will be temporarily relocated at the South Road Properties (SRP).

Carillo said that a fund of P140 million from the national government was entrusted to the city government, which will be the source for the cost of financial assistance and the installation of container vans that will be used as temporary shelter, or "van housing,” at the SRP.

“Ang giplano ni Mayor (Mike Rama) kaning lima ka ektarya (sa SRP). But I think mas maayo nga tingali north and south ni (ang van housing),” said Carillo.

The city government is serious in the clearing of the structures within the three-meter easement of the rivers, which is also among the directives of Rama who is aiming to transform Cebu City into a Singapore-like city.

Reclaiming the three-meter easement is covered under Presidential Decree No. 1067 (Water Code of the Philippines and DENR Administrative Order No. 2021-07 (Guidelines on the Establishment of Legal Easements along the Seas, Rivers, Lakes, Esteros, and Creeks).

Aside from this, the city government also stresses article 638 under Republic Act No. 386 (Civil Code of the Philippines) wherein "the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid.”  - JMD (FREEMAN)