Brgys told: Ensure constructions don’t encroach public lots

CEBU, Philippines - Vice Mayor Edgar Labella has called on barangay officials to ensure that all proposed construction projects will not encroach properties that are for public use.

This can be done, Labella said, the moment the barangay issues a construction permit.

“May I remind all barangay officials of their responsibility in the issuance of barangay clearances for building and fencing permits to ascertain that all proposed constructions shall not encroach on the boundaries of properties for public use such as sidewalks and streets,” reads Labella’s memorandum for barangay officials.

The acting mayor issued the memo following complaints about fences that have blocked the customary right of way.

Section 10 of Ordinance No. 1656 or the “1996 Revised Zoning Ordinance of the City of Cebu” states that “No building used or designated to be used as residence shall be allowed in any rear lot unless such has an exclusive right-of-way easement over a path of at least four meters leading to a street and there shall be not more than one building for each easement.

Two or more buildings, however, may be allowed for corner path if the right-of-way easement is at least six meters wide.”

 Labella also called on the public to follow the three-meter easement zone policy on rivers and creeks.

 Article 51 of Presidential Decree No. 1067 or the “The Water Code of the Philippines” states: “The banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) 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.”

  A week ago, a resident of Nasipit, Talamban alleged that another resident of the place had built a fence that have encroached a waterway. Because of this, the area gets flooded when it rains.

 A report of Cebu City Office Provincial Environment & Natural Resources Office says that a three-story building has been built in the area in question in Nasipit but the fence does not encroach the drainage and does not block the flow of water.  (FREEMAN)