BUILDING inspectors have initially found 60 structures that are obstructing waterways in Cebu City.
Most are residential and commercial buildings along Colon St. and Gen. Maxilom (Mango) Ave., Office of the Building Official (OBO) head Florante Catalan said on Monday, Oct. 19, 2020.
He said the structures were identified in a report that he will present to Cebu City Mayor Edgardo Labella on Tuesday, Oct. 20.
City officials have blamed the massive flooding in Cebu City on Oct. 13 on the obstructions in the waterways and the huge volume of garbage that clogged drainage systems, rivers and creeks.
Labella will meet with the owners of the identified establishments, together with the Department of Public Works and Highways (DPWH), to discuss measures to resolve the problem.
Easement rule
Catalan said the structures must be removed because these violate the National Building Code and the three-meter easement rule under the Civil Code of the Philippines and the Water Code of the Philippines.
He said those who fail to remove the obstructions will face charges.
“If they don’t remove (it), the City will file a case,” said Catalan.
Article 638 of the Civil Code states that “the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage.”
Article 52 of the Water Code adds that “no person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind.”
Earlier, Cebu City Councilor Jerry Guardo said he will clarify with the DPWH whether permits were issued for the construction of these structures.
Garbage
Labella will also meet with the manufacturers of bottled water in the city on Oct. 20 to find ways to stop the indiscriminate disposal of plastic bottles.
Empty plastic bottles were among the tons of trash that clogged the creeks, contributing to the flooding.
During the two-day clearing conducted after the massive flooding, the Department of Public Services (DPS) collected a total of 235 tons of garbage, including empty plastic bottles, from the creeks.
Editha Peros, Cebu City Environment and Natural Resources Office (Cenro) officer-in-charge, admitted that Cenro failed to regularly clean up the city’s waterways.
She said they lacked the manpower because the Cenro staff were assigned to the Cebu City command center, which also deals with cases related to the coronavirus disease 2019 (Covid-19) pandemic on top of emergency situations.
Since the massive flooding on Oct. 13, DPS, Cenro and Department of Engineering and Public Works (DEPW) personnel have been clearing the Tejero Creek and other major creeks in the city. (JJL)