Three-meter easement law: Demolition up for 2 violators

CEBU, Philippines — The notices sent to easement violators will not be just “another piece of paper” but will serve as a prelude to the demolition that is sure to follow, a river commander from the Cebu City Hall’s Task Force Gubat sa Baha said yesterday.

Engr. Joey Baclayon said two big establishments situated along General Maxilom Avenue -- White Knight Hotel and Lighthouse Restaurant -- are expected to get today a notice of illegal construction following violations of the three-meter easement law.

Baclayon has been named as the commander for the Lahug river which traverses the area.

Prior to serving the notices, Baclayon met with the management of the two establishments last month over their alleged violation, according to a report from the city’s Public Information Office.

A portion of White Knight Hotel allegedly encroaches on the nearby river, while the parking lot of Lighthouse Restaurant sits on top of the river.

“These clearly are violations, and since we are already given a signal by the government, we will issue the notice,” Baclayon said.

The managements of the establishments accordingly agreed to voluntarily demolish a portion of their structures that encroach on the Lahug river. As of this writing, though, they have not done so.

“However, katong pagbalik nako karon, wala nila gi-demolish nga sila pa ang nitando. Maong mo-serve na gyud ta og notice nila,” said Baclayon.

Baclayon said they are going after these establishments first as they are the major contributors of flooding in the area.

Issuing the notice, he said, would allow the city to demolish portions of the establishments for failure to comply with their promises.

“Once served, we will conduct the demolition within the month,” Baclayon said.

Persistent violator?

Baclayon was unaware that back in 2020, the Cebu City government under the late mayor Edgardo Labella, through its legal department, issued a compliance order to White Knight Hotel and other establishments near creeks that were found to have illegal structures.

Labella then met with the owners of establishments that were found to have some obstructions in the city’s waterways that led to the massive flooding last October 13, 2020 and claimed three lives, including one minor trapped below the illegal structure under White Knight Hotel.

In a letter to the owner of the hotel, the city then told the management to voluntarily demolish and remove the illegal steel matting/structure discovered under the driveway of the establishment by the Drainage Maintenance and Flood Control Section of the Department of Engineering and Public Works.

That 2020 letter also stated that the hotel was given non-extendable 10 days upon receipt of compliance order to act on it. The same went for the other structures that were found to have some obstructions.

However, Baclayon said yesterday that the illegal structure remained.

“Wala pa (na-clear). Di ko sure  before  nga  naay na issue na notices…but yes, during to sa time ni Mayor Labella nga naay namatay 2020 man to… Pero karon with the Gubat sa Baha and akoy commander sa Lahug river, naa na among notices kay maoy gipangayo pud nila pud,” said Baclayon.

Baclayon also warned that the demolition of illegal structures of these two big establishments is just the beginning or more such demolitions.

“Daghan ni sila.  But nauna lang na sila… Pero kining area-ha ang nakit-an nato nga concrete gyud covering the river but this will also be applied all structures nga obstructing gyud all the river from Busay down to Tinago  (his area of responsibility),” Baclayon added.

Relocation

Former environment secretary and Task Force Gubat sa Baha chairman Roy Cimatu, who also joined the Task Force’s last meeting, said that clearing of houses, especially those situated at the mouth of the city’s major rivers, should already start within the next few months.

Cimatu noted that the houses blocked the flow of water going through the seas while garbage continued to pile up in various areas of the major rivers, further contributing to the city’s flooding problem.

As to the houses that are about to be demolished, Cimatu ordered the task force to tap the Division for the Welfare of the Urban Poor and the Department of Social Welfare Services for immediate relocation sites for those affected so that residents would have resettlements.

“Although gusto natin na immediate ang pagpaalis sa kanila, we also have to ensure na may relocation sites sila the soonest. I mean the soonest possible (time) so that di tayo maka-cause ng gulo,”said Cimatu.

Cimatu also reiterated for the group to ask help from the barangays to conduct a weekly dredging and clean-up drive to ensure that garbage would not pile up over time. (FREEMAN)