Sunday, September 30, 2007 Council sets rules on work for roads, lines
THE Cebu City Council has approved on second reading a proposed ordinance that regulates street diggings, utility line installations, and other related projects.
The measure also requires applicants to take full responsibility on mishaps due to such activities.
Aside from imposing stiff penalties on violators of its guidelines, the measure exempts the City Government from any liability, said City Councilor Edgardo Labella in a committee report.
The councilor heads the committee on laws, ordinances, public accountability, and good government.
Local Gov’t Code
City Councilor Nestor Archival proposed the ordinance regulating street diggings and installation of service lines and other related infrastructure activities within the city of Cebu.
Labella said that that under the Local Government Code of 1991, one of the powers of the City Council is to “regulate the drilling and excavation of the ground…the placing of pools, and the use of crosswalks, curbs, and gutters.”
In his report, he mentioned a case faced by the then San Juan town in Manila where the Supreme Court (SC) judged it equally liable after somebody fell into a hole not fully covered by a private excavator, which obtained its permit from the Department of Public Works and Highways.
The SC said that while San Juan may not have issued the permit, or did not even have knowledge of the excavation, its obligation “to maintain the safe condition of the road within its territory is a continuing one, which is not suspended while the road is being repaired.”
Strict implementation
That is why the committee on laws considered it more important for Archival’s ordinance to be approved “with the goal of implementing it very strictly.”
It is not enough for the City Government to just regulate diggings and excavations, it also needs to constantly monitor the condition of roads within its territory, the committee added.
It also suggested that applicants “take full responsibility of observing extraordinary diligence in ensuring safety of motorists and persons.”
The City Government takes no liability in case the applicants violate any provisions in the proposed ordinance which results in death or injury to person.
After approving his committee report, the City Council last Wednesday set the public hearing for the proposed measure on Oct. 10. (RHM)
