A CEBU City councilor has called for an investigation on the validity of the fencing permit for a concrete fence of a private property believed to have blocked an existing natural waterway along Sitio Cahipa, Barangay Hipodromo.
Nearby residents have complained about the concrete fence, which they claim has blocked the natural flow of water, causing backflow into their homes, particularly during heavy rains.
They also said that the stagnant water which was caused by the blockage has become a breeding ground for mosquitoes, which they fear may cause dengue.
Resolution
In his resolution on Wednesday, Feb. 26, 2025, City Councilor Nestor Archival tasked the Cebu City Legal Office (CCLO) to conduct the investigation.
However, he deferred the approval of the resolution citing fine-tuning on the details of his request.
During an executive session last Feb. 19, authorities reported that the concrete slab has caused water buildup in Mahiga Creek, resulting in flooding in nearby areas, including Carreta Cemetery.
However, the legal counsel for Aznar Basque Properties Inc., owner of the concrete fence, told the City Council that his client’s fence was not obstructing a natural stream.
The investigation will aim at determining if the permit issued to the private real estate firm followed legal processes and zoning regulations.
Archival said that if no existing valid permit is found during the investigation, he would urge the CCLO to take necessary action against the property owner.
In a separate resolution, Archival also called on the Cebu City Health Department to gather relevant data regarding the “public nuisance” caused by the blocked waterway due to the concrete fence.
He also urged the CCHD, aside from preparing the report, to issue a formal demand to the private firm to remove the concrete fence.
Nuisance
Archival explained that the placement of the concrete walls in the natural waterway, causing backflow and stagnant water can be considered a public nuisance, which can be removed without judicial proceedings.
City Councilor Jerry Guardo called out the private owner in his privilege speech last Feb. 12, citing the unheeded pleas of residents living near the Aznar Basque Properties to remove the concrete fence for safety concerns.
The City Planning and Development Office (CPDO), Office of the Building Officials (OBO), and the Department of Engineering (DEPW) and even the Department of Environment and Natural Resources confirmed during the previous executive session that the Aznar Basque Properties Inc.’s fence has blocked an existing creek, following the inspection in the area last year.
The CPDO, OBO, DEPW, and even the Cebu City Disaster Risk Reduction and Management Office urged the private firm to demolish the fence.
The natural waterway traverse within the property of the Aznar Basque Properties Inc.
OBO explained that the private firm secured a fencing permit in 2020, however conditions of the permit were not met, possibly rendering it invalid.
OBO has also issued a cease-and-desist order against the private owner.
The private owner insisted on their claim that there was no natural waterway that was blocked, and even expressed their willingness to face any legal actions taken by the City Government. / EHP