AFTER the Cebu Port Authority (CPA) chose not to comply with notices from Cebu City Hall regarding its construction of structures without the necessary permits, the Office of the Building Official (OBO) filed a case against the CPA on Friday, March 15, 2024.
OBO head Florante Catalan filed the complaint against the CPA before the Office of the Ombudsman-Visayas for constructing buildings and a wharf without the necessary building permits. The complaint was filed against Glenn Castillo, the former general manager of the CPA, and Francisco Comendador III, the current general manager.
Filed were criminal cases for 18 counts of violation of Section 3(e) of Republic Act (RA) 3019, Usurpation of Authority under Article 177 of the Revised Penal Code, and violation of Section 301 in relation to Section 213 of Presidential Decree (PD) 1096 or the National Building Code of the Philippines, as well as administrative cases for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.
“As of the present time, the Cebu Port Authority still fails to comply with the legal directives of our office. In fact, there is no indication on their part to abide with several Notices of Violation issued against Cebu Port Authority,” the complaint-affidavit by Catalan read.
The OBO had issued 15 notices of violation to the CPA dated Feb. 2, 2023 for buildings and structures, 10 of which were in the Cebu International Port (CIP) Complex.
The notices were issued for the CPA Main Administration Building, CPA Social Hall and Canteen, CPA Sports Facility, CPA PSSEMD Office Building, CPA Records Building and Fabrication Area, CPA Powerhouse and Water Pumphouse, CPA GAD Center, CIP Bin Silo Facility and Opascor Office Building, CIP One Stop Shop Facility and Landbank Building, and Bureau of Customs Office Building, all in the CIP Complex.
Notices were also issued for the PMO - Pier 4 Office Building in Berth 13, Pier 1 Ticket Booths at the Pier 1 Entrance Gate, Pier 1 Passenger Terminal Building and Pier 3 Passenger Terminal Building, all in the Cebu Baseport; as well as for the fence, guardhouse and covered walk, whose location was not specified.
On the same day, the OBO notified the CPA through then-general manager Glenn Castillo to provide a copy of the approved building or occupancy permits for all the buildings and structures listed “or submit their application for building/occupancy permits in order to legalize the structures.”
On Feb. 17, 2023, however, City Hall received a letter-reply from Castillo, dated Feb. 9, 2023, calling the routine inspections and “alleged random incursions” of OBO personnel violations of the Writ of Preliminary Injunction issued by Regional Trial Court (RTC) Branch 10 of Cebu City, the complaint read.
“Respondent Glenn B. Castillo even told us that the several Notices of Violations issued against the CPA are baseless,” the complaint-affidavit added.
In December 2022, the RTC granted the CPA’s application for a writ of preliminary injunction to prohibit the City Government from occupying any portion of the Compania Maritima premises.
In August 2023, the RTC denied the City’s motion for reconsideration, and affirmed the CPA’s ownership of the Compania Maritima and its premises.
More violations
After the 15 notices of violation were sent, the OBO found violations in the case of three more structures.
The CPA installed a fence on Quezon Blvd. in Barangay Sto. Nino, which the OBO claims was done without any permit from its office. The OBO issued a notice of illegal construction and work stoppage order on May 31, 2023, but the CPA did not comply.
According to the complaint, Comendador, the new CPA general manager, responded to the OBO’s Sept. 20, 2023 letter advising the CPA to secure a building and fencing permit before building a new interlink fence, gates and police outpost, by “claiming that the powers of the City of Cebu as a local government unit cannot extend and apply to the CPA and that there is no basis for our actions.”
On Sept. 28, 2023, the City Government had another run-in with the CPA after the CPA installed a steel fence along the seaside near the Compania Maritima without securing a fencing permit.
In February 2024, the OBO discovered through ocular inspections that the CPA had constructed a perimeter fence, as well as begun work on a wharf, along the Cebu Coastal Road near the Malacañang sa Sugbo (now National Museum of the Philippines-Cebu) without securing permits.
“Their refusal to secure permits with our Office and refusal to comply with our lawful orders, connected with the performance of the official functions and duties of a public officer, are clearly deliberate violations of the rule of law. Their intention to violate the law is unmistakable,” Catalan’s complaint-affidavit read.
Statement from the City
City Legal Officer Carlo Vincent Gimena, in an interview with SunStar Cebu on Friday, said all private or government entities should secure building permits prior to construction.
“Those need permits from the OBO of Cebu City without which they will be considered illegal construction,” said Gimena.
Gimena argued that the CPA has no authority to construct without permits despite the CPA’s claims that under its charter it is able to license, control, regulate and supervise any construction within its port district.
Gimena said the Philippine Ports Authority did not grant the CPA that authority.
“According to them, under their charter, they have the power to regulate, to license, to supervise structures or construction within their compound; however, a careful reading of their charter will show that there is no such power,” said Gimena.
One of the constructions that is claimed by the OBO to have a violation is near the disputed Compania Maritima. The City Government has an ongoing dispute with the CPA.
SunStar Cebu contacted the CPA for comment, but the CPA said it would issue an official statement only if needed.
The City Government has an ongoing ownership dispute with the CPA over the Compania Maritima premises, which is part of the area to be redeveloped under the City’s P8 billion joint venture agreement with Megawide Construction Corp. to modernize the century-old Carbon Public Market.