On contested 2025 zoning ordinance: Council defers vote

CEBU, Philippines — Tension unfolded at Cebu City Hall as the City Council opened a public hearing on the proposed 2025 Zoning Ordinance, with stakeholders clashing over the timing, process, and potential consequences of updating the city’s three-decade-old land use policies.

Heated exchanges were sparked by concerns raised by the Carbohanong Alyansa of Carbon Public Market, whose members questioned the procedural validity of passing a zoning ordinance without a formally adopted Comprehensive Land Use Plan (CLUP).

Their appeal to defer the vote until the new administration assumes office was met with a sharp rebuke from Councilor Jocelyn Pesquera, who sponsored the measure “Revised Comprehensive Cebu City Zoning Ordinance of 2025", and defended the current council’s authority.

Before the hearing began, Pesquera explained that the ordinance seeks to revise the 1996 Zoning Ordinance, which she said has not seen a comprehensive update in nearly 30 years.

She noted that some amendments had been made over the years—such as declaring certain areas socialized housing sites and designating parts of Barangay Parian and the South Road Properties (SRP) as a Design District.

She said that while the CLUP was approved in 2006, it was never integrated into the zoning ordinance. Another plan was submitted by the City Planning Office 10 years later, which underwent extensive executive sessions before it was endorsed by the Department of Human Settlements and Urban Development (DHSUD).

Pesquera said that with DHSUD’s endorsement, revising the zoning ordinance to align with the updated CLUP has become necessary.

Appeal for Deferment

While some participants offered recommendations to revise the ordinance, the Carbohanong Alyansa of Carbon Public Market voiced several concerns, particularly the absence of a formally adopted CLUP.

Anna Marie Ariosa, head of the Carbohanong Alyansa, said the revised CLUP for 2023 to 2032 has yet to be ratified by the council.

“The current attempt to pass a zoning ordinance without an approved CLUP raises important questions of procedural validity and could inadvertently expose the City to legal and administrative challenges in the future,” said Ariosa.

The group also questioned the timing of the public hearing, which was scheduled during the final days of the outgoing administration, just weeks before a new city government takes over.

According to the group, crafting and finalizing long-term planning tools such as zoning ordinances should be led by an administration with a fresh mandate.

“We appeal for a moratorium to allow the incoming Mayor and Vice Mayor, together with the newly elected City Council, to lead this important legislative process with broader consultation and renewed

legitimacy,” she said.

Ariosa further claimed that vendors and residents, particularly in the Carbon Market area, were not consulted in the CLUP drafting or zoning review process despite being among the “most affected.”

She also warned that reclassifying the Carbon Market from Institutional to Commercial could be seen as “undermining its heritage value and paving the way for commercialization or privatization,” potentially displacing long-time vendors.

“This petition is not an act of opposition but a respectful appeal for prudence, inclusivity, and due process,” she stressed.

But this did not sit well with Pesquera, who took issue with Ariosa’s remarks, calling them an “insult” to the current legislative body and rejecting the idea that the incoming council has greater legitimacy.

“It is an insult to this particular Sangguniang Panlungsod,” said Pesquera.

“And for your information, it is the incoming, the mayor-elect (Nestor Archival), that this piece of legislation will pass through on this Sangguniang Panlungsod,” she added.

Pesquera also criticized the implication that the current council lacks the authority to approve legislation.

“Ang iyang pagkasulti, kung unsa atong aprobahan diri sa konseho, karon nga buwana, murag padung nga mura tag illegal, so kung illegal pa ta, mangundang ta karong adlawa, di na mang approve,” said Pesquera.

Necessary Zoning Revision

Architect Anne Marie Cuizon, assistant department head of the City Planning and Development Office (CPDO), underscored the urgency of updating the CLUP, which she said is essential for guiding the city’s development direction.

Without an updated plan, she warned, the city risks losing out on investment, development opportunities, and improved governance.

Cuizon noted that outdated zoning classifications have resulted in poor environmental protection and inadequate climate adaptation. She said private entities have encroached on protected areas, watersheds, and hazard zones—contributing to flooding and other urban challenges.

She also explained that the lack of an updated CLUP renders Cebu City ineligible for national funding and loan programs.

“We cannot access major loan banks… because it requires up-to-date CLUP as part of the project feasibility and environmental compliance,” said Cuizon.

“We have been depriving our city for a long, long time for this,” she added.

Cuizon said the revised zoning ordinance also proposes stricter regulations, including height limits for barangay facilities, aligned with the National Building Code.

As discussions progressed, Councilor Mary Ann de los Santos also raised concerns about the timing of the CLUP revision, citing its extensive 150-page documentation prepared by CPDO.

Cuizon reiterated the need for the ordinance’s approval, stating that many current challenges cannot be addressed under the existing 1996 zoning ordinance. She said both the Office of the Building Official (OBO) and CPDO face difficulties regulating ongoing development applications under the outdated framework.

She also stressed that it is the LGU’s legal obligation to align zoning with national planning policies.

Councilor de los Santos, however, noted that a city-wide reclassification could create confusion due to limited public awareness. Cuizon responded that the city has been presenting the proposal since 2022 and had conducted previous public hearings.

Architect Emmanuel Cuizon of the OBO supported the ordinance revision, calling it a milestone for the city and a step toward sustainable development. However, he also acknowledged the need to fine-tune its implementation.

Oscar Teodoro Labrador, chapter president of the National Real Estate Association, proposed barangay-level zoning validations to ensure accurate land use data and avoid discrepancies.

He also recommended expanding environmental protection zones and enforcing no-build areas around Malubog, Lusaran, and Busay.

Deferment

Despite broad support from planning officials, Pesquera, as the ordinance’s proponent, ultimately said it would not be “prudent” for the outgoing council to push through with its approval.

She expressed willingness to turn over sponsorship of the proposal to incoming council members in the months ahead. The current legislative body ultimately decided to defer the ordinance’s approval, leaving the matter to the incoming council for further deliberation. —  ATO (CEBU NEWS)