CEBU, Philippines – The Cebu City Council rejected the motion for reconsideration filed by a telecommunications company over the revocation of the permit for its cell site in Sitio Calvary Hills, Barangay Apas.
In yesterday’s regular session, members of the council unanimously approved the report submitted by the committee on laws, ordinances, public accountability and good government headed by Councilor Sisinio Andales denying the motion submitted by Sun Cellular.
“There is no cogent reason to change the approval of SP (Sangguniang Panlungsod) Resolution No. 13-3133-2015 (revocation of the permits of the cell sites), hence the same (motion for reconsideration) is denied,” the committee report read.
Last May, the council revoked the special permits of Globe and Sun Cellular and ordered them to remove their cell site towers in Calvary Hills within two months after residents in the area claimed that the death of 19 cancer patients was due to the radiation emitted by the cell sites.
With this, Digitel Mobile Philippines Inc., known as Sun Cellular, asked the city to reconsider its order.
“The revocation granted to DMPI is tantamount to an invalid exercise of legislative power under the Local Government Code,” DMPI said in their motion for reconsideration.
According to it, the council should withdraw its order to remove the cell site on the grounds of alleged grave abuse of discretion amounting to lack or excess of discretion.
Andales, however, said that the council has the power to revoke the permit it granted to both telcos to install their cell sites in Barangay Apas.
He cited section 16 of the Local Government Code in his committee report, which provides that “every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental to its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, promote health and safety, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”
Sought for comment, Apas Barangay Captain Ramil Ayuman said the entire residents and barangay officials are happy of the council’s decision.
“Hangyo lang namo sa Sun nga maminaw lang unta sila sa tingog sa katawhan. Kahibaw man g’yud ‘ta nga daghan sila’g kuwarta para ipasaka ang kaso, pero mao lang g’yud na atong hangyo nila. Hangyo pud ‘ta sa executive department nga i-implement na unta ang removal (of the cell sites),” he said. —/NSA (FREEMAN)