Council order removing cell towers ‘stands’ sans motion

CEBU, Philippines - Without further legal support, the telecommunication towers situated next to a residential area in Barangay Apas, Cebu City would have to be transferred.

The City Council approved a resolution on May 27, 2015 revoking the special use permits granted to the telecommunication companies Globe Telecom and Sun Cellular, and thus ordering them to remove their cell site towers at Calvary Hills in Apas within two months.

Sun Cellular, however, sought for the city government’s reconsideration.

“The council had spoken and approved that resolution without objection. If there’s a (motion for) reconsideration, we’ll certainly review the case but I think without other arguments and evidences, the council would likely decide to adopt the resolution,” said City Councilor Nestor Archival Sr. in a text message yesterday.

Archival chairs the city council’s committee on energy, transportation, communication and other utilities.

However, over two months after the council ordered the towers’ removal, complaints from the residents still remain pending in Barangay Apas.

Not having any final decision yet, Archival said they will have to be noted with the telecom firm’s formal request first for the city councilor to convene his committee and discuss their next possible move.

“To transfer right away is what’s being asked by the residents of Apas with valid reasons, that’s why it’s being supported by the council. Now it’s for the telecom company to comply or not to comply. This is will determine when the tower will be transferred,” he said.

According to City Attorney Jerone Castillo, however, the telecom firm’s move has to be resolved yet before the city can implement to remove the cell towers as ordered by the City Council.

He said their office received copies of two documents; one is the motion for reconsideration from the telecom firms and the other is the request on the transfer of cell towers from the barangay officials and groups.

“Now there is a motion for reconsideration of that action of the City Council… that has not been resolved yet. It has to be resolved first. So we cannot just remove until we get any action from the council,” Castillo told reporters yesterday.

“We have to wait for a resolution from the council,” he said.

But Barangay Captain Ramil Ayuman said the city government could have implemented the council’s order for the tower’s removal unless a temporary restraining order is issued by the Regional Trial Court.

Mayor Michael Rama, for his part, has not issued the order needed to remove the cell towers as he planned to meet first the barangay officials, residents and the telecom officials to discuss the matter. He earlier said he will not make a decision until he is able to hear on all the parties concerned.

Last Wednesday, the mayor, alongside the City Legal Office, met initially with the telecom representatives.

Dr. Porponio Lapa Jr., president of the Calvary Hills Apas Residents’ Organization, vowed to continue to “fight” until the towers are removed, stressing that the telecom companies committed a “legal defect” in building the towers since there was no proper consultation among the residents.

The residents petitioned for the removal of the towers following reports of at least 25 cancer-related deaths in the area in the past 15 years. They alleged that it was the radiation emitted from the towers that caused the deaths. (FREEMAN)