Cebu City sues CPA before DENR

CEBU, Philippines — The Cebu City government yesterday filed another complaint against Cebu Port Authority (CPA), this time the with Environmental Management Bureau-Department of Environment and Natural Resources-7.

Project contractor, A.T. Tan Construction Corporation was included in the complaint, which is for the lack of an Environmental Compliance Center (ECC).

Reymarr Hijara, Cebu City Environment and Natural Resources Office head, filed the complaint over the construction of a structure which appears to be a wharf in the waters at the back of the National Museum of the Philippines-Cebu (formerly the Malacañang sa Sugbo/Aduana Building).

In his complaint-affidavit, Hijara said construction of the “New Port Facilities with Complete Mooring Fixtures and Electrical High Mast Towers” is ongoing, but he could not find any ECC for it.

“(M)y verification online showed no records of an ECC or CNC being issued for the project,” he said.

He said the area in which the construction is being done is of unique historical interest.

The National Museum of the Philippines (NMP)-Cebu building was designed and built in 1910 by Architect William Parsons.

After serving as a customs house for 94 years, the building was converted into the Malacañang sa Sugbo in 2004 but was later closed after the 7.2 earthquake that hit Cebu in 2013 before being opened as the NMP-Cebu July last year.

The area near where the construction is ongoing is also being used as an aesthetic tourist spot. The nearby “Plaza sa Katawhan” is being visited by tourists to catch a glimpse of the Cebu Cordova Link Expressway (CCLEX), especially during sunrises and sunsets.

“Unfortunately, the construction being done by the respondents is very near to and just to the right of the Plaza sa Katawhan,” Hijara said.

He said the construction is at the part of the coast where people go for a swim and that the construction is being done in a body of water which also supports fishery activities.

“Undoubtedly, the quality of water near the area will be affected. The construction and the eventual use of the wharf will change the water flow patterns in the area and will also result in water quality degradation. The activities therein will introduce pollutants which is toxic to marine life and will disrupt natural processes and aquatic habitats,” Hijara said in his complaint.

He further said that the construction has a “high potential to cause significant adverse impact to the environment and is a project located in an environmentally critical area and should therefore first comply with the safeguards put in place by law.”

He said that Section 4 of Presidential Decree 1586 provides that “no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative.”

“In view of the foregoing facts, I respectfully pray of this Honorable Bureau, after due investigation, to impose appropriate fines and sanctions against the respondents and issue a Cease and Desist Order based on violations under the Philippine EIS System to prevent grave or irreparable damage pending resolution of this complaint,” Hijara said.

Atty. Eleodoro Diaz, IV; City Attorney Carlo Vincent Gimena; and Atty. Manuel Degollacion III assisted Hijara in filing the complaint. —/RHM (FREEMAN)