Cebu City to clear F. Rallos Street of ‘illegal structures’

CEBU, Philippines - About 30 houses in Barangay Suba, Cebu City may be torn down once F. Rallos Street becomes fully restored and the city settles some complaints raised by the owners.

Mayor Michael Rama issued a clearing order dated September 1 this year against the illegal structures considered as “public nuisance” obstructing F. Rallos Street.

The street was established some time in 1912 during the cadastral survey of the city connecting A. Borres Street (formerly Garfield Street) with Belgium Street (formerly T. Bugallon Street). According to the City Department of Engineering and Public Works, the Bureau of Lands Manila noted that F. Rallos Street was closed without any legislation or consent to abandon such road on December 9, 1919.

The committee on urban planning and deve-lopment also recommended for the removal of the 27 structures found as “threat” on the restoration of the said road.

But recently, the council sought the opinion of the City Legal Office following the complaint of the owners whether or not the city can implement an administrative clearing of these structures so that the road will be open to the public and restored as a road right-of-way.

In a corollary opinion dated December 9, lawyers Eleodoro Diaz IV and Carlo Vincent Gimena of the legal office said the city government cannot eject the owners of the structures without proper procedures on expropriation and just compensation as provided for under Article 435 of the New Civil Code.

The lawyers said that since the owners are given by the law all the rights to use and dispose their property, the city government cannot issue its clearing order; otherwise the act would be tantamount to violating the owners’ existing rights.

The legal office said it is but proper for the city mayor to enter into a negotiated sale with the affected owners or into an expropriation of the subject lots before taking any action, through an approved council resolution.

“At the outset,… it is true that the government has an inherent power of eminent domain, it cannot however validly exercise (demolition) without satisfying all the necessary procedures,” part of the opinion reads.

“Should the city government want to acquire the land, before the same can file an action for expropriation, it is but pro-per to negotiate first with the owners by offering to buy the private property for it is incumbent upon the condemnor to exhaust all reasonable efforts to obtain the land it desires by agreement,” it added.

Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare, thus, the right of eminent domain appertains to every independent government without the necessity for constitutional recognition.  (FREEMAN)