CEBU City councilors grilled the Office of the Building Official (OBO) for its alleged inaction on a business establishment’s violation in the downtown area, despite numerous complaints.
During a public hearing on Wednesday, June 11, 2025, concerns were raised over the persistent issue of a branch of the fast-food joint allegedly encroaching on a sidewalk at the corner of F. Gonzales St. and Osmeña Blvd., and the general lack of enforcement against building violations.
Councilor Pastor “Jun” Alcover Jr., a critic of the sidewalk encroachment since 2016, expressed frustration over the lack of progress.
“I have been complaining about that for a very long time. I’ve been delivering privilege speeches. Why did it encroach on the sidewalk? Did it go through zoning, and why did they get a permit when their business is on the sidewalk?” he said in Cebuano.
Alcover questioned why the establishment seemed “untouchable” despite years of complaints, which forced pedestrians to walk on the street. He also raised the possibility that the business may not be paying the appropriate taxes without a building permit.
“Our government seems useless if that’s the case. We haven’t done anything; it has no permit, yet it has been operating for how many years perhaps,” Alcover said, urging immediate action.
No clearance
Anne Marie Cuizon, assistant department head of the City Planning and Development Office, confirmed that the fast-food joint lacks a locational clearance. She said the issue had been referred to the OBO as early as 2019 or 2020.
Emmanuel Cuizon, an OBO representative present at the hearing, admitted that no building permit had been issued to the branch. He said arcaded sidewalks are still considered part of the property and that a second floor can extend over an arcaded sidewalk. His explanation drew further criticism from Alcover.
“In short, the City of Cebu is useless if that’s the story, and I hope we take action on that,” Alcover said in Cebuano.
OBO’s Cuizon agreed with Alcover and revealed that the office had issued notices to the establishment and filed complaints with the City Legal Office (CLO) since 2019.
When acting presiding officer Councilor Phillip Zafra asked how many notices had been issued, Cuizon said “ample.” He added that the case remains with the CLO, and a subpoena and clarificatory conference had been held. An agreement was reached to clear the lower ground floor for sidewalk use.
Councilor Jocelyn Pesquera, for her part, noted the apparent lack of legal action despite these efforts.
The discussion expanded when Councilor Mary Ann de los Santos flagged another establishment along Leon Kilat St. for similar alleged sidewalk encroachments. Cuizon said he would check the records.
Councilor Jerry Guardo, chairman of the infrastructure committee, also raised an issue in Hipodromo where a cease and desist order was not enforced.
“Where is it really? What is OBO’s power to stop the illegal construction?” Guardo asked in a mix of Cebuano and English.
Cuizon acknowledged the challenges OBO faces in enforcing orders.
“That is also an outcry for our office because we keep giving them notices, but they still won’t comply,” he said.
He added that numerous subpoenas had been stalled or were pending in court. He stressed the need for stronger enforcement of the National Building Code and noted that the OBO often seeks assistance from the Philippine National Police due to resistance from violators.
Councilor Jose Lorenzo Abellanosa supported Alcover’s concerns, saying he also walks through the affected area.
“I don’t know if we are really that slow… enforcement should really be improved,” he said in a mix of Cebuano and English, urging OBO officials to take seriously the concerns raised during the hearing.
The hearing was part of discussions on the approval of the proposed revision of the City’s Zoning Ordinance, sponsored by Pesquera.
In a text message on Friday, June 13, OBO head Florante Catalan told SunStar that their office had been acting on the matter by issuing notices. He said the documents are now with the CLO. / JPS