The said structure is the subject of a complaint of more than 100 families because aside from not having permits, the owner allegedly denied them their road right-of-way.
In an interview yesterday, city legal officer Aurora Econg said she is yet to make an ocular inspection in the area to see if the said development would "trap those living in the interior part of the barangay." More than a hundred households are estimated to have been living in that interior portion of the barangay.
Before the fence was constructed, 35 residents in the area petitioned barangay captain Ronnie Capala not to grant Teofilo Abapo a clearance for a fencing permit.
These residents, who live near the Cansojong creek, are using a portion of Abapo's lot as their access road. However, this portion will soon be enclosed by the construction of the fence. The alternative passage is one crossing the creek.
The complaint was elevated to the city government, thus, the application for a barangay clearance was denied until the matter would be resolved.
The city then sent the fire department last December to check on the site. According to city fire marshal Felipe Canillas, his team found out the structure has not posed any fire hazards; thus, recommends no objection to the fencing.
Also, City Planning and Development coordinator Christine Homez saw there was "no right-of-way or legal easement being annotated in the lot owned by Abapo."
The CPDC report stated that Lolita Abapo, mother of Teofilo, told the CPDC staff that they are not obliged to give a right-of-way since it is annotated in the title.
The matter was brought to the city legal office. Econg said Abalo in January, during a conference with the complainants, agreed to give the one-meter road right-of-way to the residents. However, Abalo pursued the construction without fulfilling what had earlier been agreed.
Econg said the city, through Mayor Socrates Fernandez, could still order for the demolition of the fence, even if it would be found out there is another entry or exit for the residents to use as said structure is without necessary clearances. - Liv G. Campo