City targets 10 big companies

CEBU, Philippines - The Cebu City Legal Office is set to issue a “Notice of Violation” against 10 huge companies with structures reportedly encroaching on several tributaries in the city.

The FREEMAN is withholding the companies’ name pending the issuance of notices and possible filing of cases against them.

Based on the draft notice obtained from the CLO, the companies reportedly violated the easement regulations as delineated in Article 638 of the Civil Code of the Philippines, which states “the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general inters of navigation, floatage, fishing and salvage.”

Lawyer Rose Salvatierra of CLO said these companies also violated Presidential Decree No. 1067 (Water Code of the Philippines); Republic Act No. 9275 (The Philippine Clean Water Act of 2004); dumping garbage and solid waste into the river in contravention to Republic Act No. 9003; Section 23 of PD No. 17 on the conversion of any part of a bridge or wharf to his own private use or to obstruct the same in any manner; putting up structures or contraptions constituting as public nuisance under the City Ordinance No. 1481.

“You are hereby notified to voluntarily remove/demolish your illegal structures and reverse any and all effects of such violation. Furthermore, you are hereby directed to explain within ten days from receipt of this notice why no civil or criminal cases should be filed against you. Failure to heed this notice will warrant the taking of appropriate legal measures by the (Cebu City Rivers Management) Council,” part of the notice read.

Salvatierra said the city is serious in going after big companies or establishments that violate the provisions of the laws to send a warning to others.

“We have the reports to prove that they violated the laws, ang uban wa lang nag-encroach apan gitabunan na ang atong tributaries.  With flooding and drainage problems that’s why we are trying to restore and rehabilitate our rivers, she said.

“Primarily, the fault starts with the establishments. I don’t’ think they can turn a blind eye nga patungan ang river,” she added.

Cebu City Vice Mayor Edgardo Labella said there is a need to enforce the three-meter easement zone policy to solve the problem on flooding.

He said Mayor Michael Rama has a comprehensive drainage plan for the entire Cebu City.

However, Guillermo Viola of the City Engineering Department said even if the city government will construct a huge drainage system, it will still be useless if the rivers are constricted.

“Bisan pa’g tanan karsada dagko kaayo culvert pero ang paingnan niya sapa during heavy rain mosaka siya asa man paingon ang tubig nga naa sa karsada,” Viola said.

“In fact gahapon (Thursday) tanan rivers napuno. Atong ipasibog ato ipa-establish ang original width sa river,” he added.

Cebu has five rivers; the Mahiga, Lahug, Guadalupe, Bulacao and Kinalumsan rivers.

In a separate interview, CCRMC chairman Jose Daluz said the notice is a form of “education” among violators.

“(This is) to add pressure sa atong mga companies nga dili sila magpasagad sa sapa because we are firm to go after them. We are trying to find ways to remove illegal structures,” he said.

However, he said the filing of a case against the companies will be their last resort if they will not heed the measure to restore the city’s rivers and streams.

The city will be convening the companies for a clarificatory conference after the notices of violation will be issued.

“Di man ingon nga diretso lang ta file, magpadala mi og notice then we’ll be meeting the stakeholders how they can help the government to remove the said violations. Kanang pag-file og kaso or any legal intervention last resort na nato if dili sila mo-heed and mo-cooperate nato,” Daluz said.

Labella said there is also a need to clean the creeks and people should be mindful of where they throw their garbage.

“Importante ang kanang enforcement. All the barangays, should be involved pagpanglimpyo sa mga creeks, pagpanglimpyo sa mga imbornal, para duna’y flow of water,” he said.

Last Thursday, many areas of the city were flooded by heavy rains. —with Mechelle P. Florita/BRP (FREEMAN)