MOST of the violations of the building structures along the road are non-compliance with the mandatory setback. The law, Section 804 of the National Building Code, requires commercial, industrial, institutional and recreational buildings along newly developed thoroughfares for lands with widths of 30 m. and more to take a minimum setback of eight meters from the edge of the road.
There is rampant violation of the law on setback on buildings constructed along the roads, particularly on the highways or the main roads. Note this industrial building in Cansaga, Consolacion, which was built along this newly opened road, which is now a national road, connecting Mandaue city through the Cansaga Bridge.
The fence of this industrial building was built right on the edge of the sidewalk that when its huge trucks park a big portion of the truck’s body encroaches on the road and obstructs the motorists going north. But did the Office of the Building Official (OBO) of Consolacion ever take notice of the apparent violation?
Another structure along the highway in the poblacion of Consolacion is the refilling station of big petroleum dealer, which did not comply with the setback and it was built close to a mall. The traffic situation in this part of Consolacion on either direction is already worse because of these establishments.
Also in Liloan, there is a new building along the highway that adjoins the road that even non-engineers could tell that the setback from the edge of the sidewalk is less than what is required by law. The same is true in Compostela where a new commercial building is constructed on a lot along the highway. Doesn’t the Department of Highways and Public Works also have the responsibility to mind these structures?
The issue came to fore when former Cebu City Councilor Jose Daluz III said that Cebu City Mayor Edgardo C. Labella appointed a South Road Property (SRP) manager who called the attention of Filinvest Land Inc., the developer of Il Corso in SRP, to move its eight posts that violated the setback rule.
Daluz was quick to say, though, that the City Government does not have to go to court for violators, like Il Corso, to correct the mistake. The City wants to settle the matter amicably, Daluz said. To recall, SM Seaside, during the time of former mayor Tomas Osmeña, was also made to correct the encroachment of its building on the SRP Road.
In a statement, the FLI said it is open to discuss with the City its alleged violation in its Il Corso development, which houses food and entertainment shops. FLI insists that the posts are part of the planned foot bridge crossing the SRP highway.
The non-compliance by some developers with this setback law could perhaps be due to negligence of the officials and employees of OBO. What could be worse, although I’m not accusing them of any wrongdoing, is if they have colluded with sassy developers? You know, if the OBO employees only do their job diligently I don’t suppose there could be violation of this law.
No. Contrary to what some may say on the action of Mayor Labella against FLI, whose owners are friends of former mayor Osmeña, I don’t think the move has some political color to it. Labella and Daluz, who are both lawyers, know the law better than their predecessor.