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Thursday, February 26, 2004
Court allows Lapu to regulate ports
By Rose O. Verzosa
Sun.Star Staff Reporter
THE court refused to temporarily stop the Lapu-Lapu City Government from implementing its ordinance regulating the construction and repair of buildings, houses and other structures, including wharves and piers.
The Cebu Port Authority (CPA) had asked the court to stop the City Government from implementing Ordinance 483-2003.
The ordinance declares all buildings, houses, fences, concrete walls, dikes, causeways, wharves, piers and other structures within the City’s territorial jurisdiction that have no permits as “illegal and nuisance per se.” Owners will be given 10 days to remove the structures voluntarily before City Hall will demolish them.
CPA had also asked the court to invalidate the ordinance, which the City Council passed last Dec. 10 and approved by Mayor Arturo Radaza last Dec. 17.
CPA said the ordinance is illegal with respect to the inclusion of wharves and piers because only CPA has the power to regulate and license the construction of wharves, piers and other port facilities within Cebu Province.
Violation
CPA said the ordinance violates its rights under its charter.
Lawyer Yusop Uckung, CPA’s counsel, told the court last Monday that CPA will suffer “irreparable injury” because, as a government regulatory body, it is now prohibited by the ordinance from building wharves or ports in Lapu-Lapu.
He said CPA even has a plan to build a wharf in Barangay Sta. Rosa in Olango island.
Citing the CPA Charter or Republic 7621, which was made into law last June 26,
1992, CPA said it has the authority “to make improvements on such real property, including reclamation, for port purposes.”
Permit
But Assistant City Attorney Michael Dignos, who argued in behalf of the City Government, said the ordinance does not prohibit CPA from building ports and wharves, provided that it complies with the requirements in securing building permits.
Regional Trial Court Branch 6 Judge Anacleto Caminade last Monday denied CPA’s request for a temporary restraining order against the City Government, saying there is no urgency for its issuance.
CPA’s newly constructed building and fence in Muelle Osmeńa, Lapu-Lapu City have no building permits.
Legal problems
Last December, the Office of the City Attorney had asked CPA to secure permits for its structures to prevent legal problems.
“The City, in its aim to protect its constituents, wants to strictly enforce the building code,” Dignos told Sun.Star last Tuesday.
He said that when Muelle Osmeńa collapsed a few years ago, it was the City Government that was sued for damages not CPA.
Dignos said Judge Ca-minade gave both parties 10 days to submit their respective memoranda involving the request for preliminary injunction.
(February 26, 2004 issue)
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