OBO finds no legal basis to charge BFP

CEBU, Philippines — The Office of the Building Official (OBO) has found no sufficient evidence to file a criminal case for illegal fencing against the Bureau of Fire Protection (BFP) in Barangay Parian.

OBO conducted an investigation into the alleged illegal structure built around Parian Plaza following a resolution from the City Council alleging that the BFP had overstepped its authority by setting up barriers on a public space.

The City Council urged the OBO to initiate a legal action against the BFP for allegedly violating the National Building Code.

However, in a letter sent to the Cebu City Council on Wednesday, the OBO reported that its technical team conducted an ocular inspection at the BFP basketball court on March 3, 2025.

According to the OBO’s findings, there was no ongoing fence construction in the area. Instead, inspectors observed the presence of movable barriers and drums used to block the space where fire trucks were parked. The office also submitted photos taken during the inspection, showing the drums as temporary barricades.

“Further, we have no documents to verify the ownership and boundaries of the subject property,” the OBO letter stated.

Given these findings, the OBO concluded that there is no legal basis to file an illegal fencing case against the BFP. Instead, the office recommended that if the barricades are found to be in a public space, the matter should be referred to the Prevention, Restoration, Order, Beautification, and Enhancement (PROBE) team for removal. Alternatively, the OBO suggested sending a recommendation to the BFP for the voluntary removal of the movable barriers.

The letter, signed by OBO chief Architect Florante Catalan, was officially noted during the Cebu City Council session on Wednesday.

The issue was brought up in a privilege speech delivered by Cebu City Councilor Jocelyn Pesquera during the council’s regular session on February 19, 2025. Pesquera, the majority floor leader, voiced concerns over the fencing at Parian Plaza, which is home to the Heritage Monument.

According to Pesquera, the monument is a key stop on city tours, but transportation operators have raised concerns about the lack of parking space in front of the site. She noted that the plaza was historically a large open space, originally used for events such as Pasko sa Sugbo in 1997 and 1998 during the administration of former mayor Michael Rama.

Pesquera presented photos and land titles during her speech, asserting that the triangular parcel of land in question is owned by the Cebu City Government. With this, she claimed that the BFP had fenced off portions of the property beyond what was allotted to them.

She further explained that while the BFP office in the area operates with permission from the city government, the fire station was originally under the jurisdiction of the local government when Cebu City was chartered in 1937.

Pesquera also cited a meeting of the Heritage Council in January, during which the Barangay Captain of Parian expressed “dismay and complaint” over the BFP’s actions.  — /FPL (FREEMAN)