CPA to halt building of fence, city to leave it alone for now

CEBU, Philippines - The officials of Cebu Port Authority have decided to stop constructing a metal fence around their property near the old Compania Maritima while the Cebu City officials also assured them they will not remove part of the fence that has already been constructed without a permit.

This agreement was reached after Port and City Hall officials met yesterday to resolve the issue between the CPA Board and Cebu City Mayor Michael Rama.

CPA chief legal officer Yusop Uckung said he will suggest to the CPA Board of Directors to invite the mayor to their next meeting so they can further discuss the matter and explain why they are building the fence.

The mayor earlier ordered city administrator Jose Marie Poblete to remove the fence the CPA constructed around their property near the old Compania Maritima because it does not have a permit from the Office of the Building Officials.

During the meeting, Poblete and OBO chief Kenneth Carmelita Enriquez told Uckung that it is provided in the National Building Code that all government agencies and instrumentalities are not exempted from securing a permit from OBO for any infrastructure projects.

But Uckung stood pat on his argument that Republic Act 7621, the law that created the Cebu Port Authority, empowers the CPA to build infrastructure projects within the port zone even without a permit from the local government unit.

When the City of Lapu-Lapu enacted an ordinance requiring the CPA to first secure a construction permit for their infrastructure projects the Regional Trial Court ruled that it is unlawful. Uckung said the same ruling was also affirmed by the appellate court.

Section 301 of the Presidential Decree 1096 or the National Building Code of the Philippines provides that “no person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert —without first obtaining a building permit from OBO.”

City Legal Officer Joseph Bernaldez said it is very clear in the law that nobody is exempted from securing a building permit for construction projects, even the Department of Public Works and Highways.

The CPA lawyer gave Poblete and Enriquez copies of the memorandum of agreement signed by former CPA general manager Mariano Martinez and former DPWH project director Nilo Pamaylaon, which showed that the three portions of the lots near Compania Maritima were turned over by the DPWH to CPA.

That area was reclaimed for the construction of the ramp and the tunnel passing through Plaza Independencia from the south coastal road.  – (FREEMAN)