OBO can’t act on private bridge project in Tejero

CEBU, Philippines- The Cebu City Office of the Building Official has recommended that the city legal office and the Department of Public Works and Highways will look into the construction of a private bridge across a creek in Barangay Tejero.

Architect Florante Catalan, assistant building official, said the OBO does not have a jurisdiction over the bridge construction, which is said to have encroached the three meter easement zone, because they only covers building construction.

OBO was earlier asked by the City Council to comment on the “illegal” construction undertaken by Kakeng Development Corp.

 “The construction of a private bridge by Kakeng Development Corporation, located across Tejero Creek, Barangay Tejero, Cebu City, should be referred to DPWH if it is allowed or not since the ongoing bridge construction is on both sides of the three-meter legal easement of the Tejero Creek,” Catalan said.

If it is allowed, the purpose of the bridge should be determined if it is for public or private use.

In April, City Engineer Jose Marie Poblete has inspected the area. He asked the owner to temporarily stop the construction until requirements like barangay permit, construction permit, locational permit and Environmental Compliance Certificate are met.

The owner has a possible violation of Article 51 of Presidential Decree No. 1067 otherwise known as “The Water Code of the Philippines.”

 Article 51 of Presidential Decree No. 1067 states that the construction of any structure along “the banks and rivers, streams, shores of the seas and lakes throughout their entire length within a zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, fishing and salvage.”

However, the bridge is being constructed across the Tejero creek which measures 10 meters wide and 12 meters long.

OBO also referred the matter to the City Legal Office for appropriate action since the bridge construction has failed to secure permits from concerned agencies.

City lawyer Jerone Castillo said he will wait for the report of OBO before giving comment.

The private construction project had been issued cease and desist order twice by Tejero Barangay Captain Jessie Lou Cadungog for lack of permit. The Department of Environment and Natural Resources-7 was also asked to look into the negative impact of the project to the environment. (FREEMAN)