Construction encroaching on river?

CEBU, Philippines - Ongoing construction at the back of Chong Hua Medical Arts Center along the Guadalupe River is allegedly encroaching on the river and private property.

Engineer Serafin Uy Jr., owner of Lot 13 Block 3, Espina Village, B. Rodriguez, Cebu City is complaining that the construction in the said area is “abetting disaster.”

“The construction makes the river narrower and had a curve design, wherein with high volume of water during rainy season, the water on the river will follow the curve towards my client’s property,” said Uy’s lawyer Santiago Ortiz Jr.

Article 51 of Presidential Decree No. 1067 known as “The Water Code of the Philippines” states: “The banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, or to build structures of any kind.”

The Inspection Report of Cebu City Rivers Management Council dated June 6, 2014, supports the statement of the complainant.

“The construction of the new retaining wall of CHMAC has encroached to mid part of the river which can result to constriction of the river flow,” the CCRMC report states.

In addition, there is also a 35-meter existing retaining wall near the river aside from the new retaining wall being constructed to align with the river.

CCRMC recommended for the demolition of the existing and the new retaining wall.

The contractor of the said structure asked for one week as he decided to present the matter to the Department of Public Works and Highways-7.

Serafin has asked for the assistance of the City’s Office of the Building Official with regards to the matter. OBO issued a stoppage order on the ongoing construction last month. However, Ortiz said the construction resumed on the first week of this month.

“This (stoppage order) did not resolve the issue that the construction on the river is illegal and endangers the lives of the occupants of my client’s property,” Ortiz stated.

 The FREEMAN tried to contact the administration of Chong Hua, but the hospital said their office was closed yesterday.

Uy added that concerned government agencies were already informed with regards to this problem.

“However, its slow action and/or recommendation is ineffective since, until today, the construction is still ongoing. Should we wait for a disaster to occur before actually acting on concerned citizen’s complaint?” he said.

The FREEMAN also tried to contact Cebu City Department of Engineering and Public Works head Jose Marie Poblete, but he was not available for comment.  (FREEMAN)