CEBU, Philippines - Cebu City Mayor Michael Rama has ordered the city Prevention, Restoration, Order, Beautification and Enhancement team to clear all illegal structures in Mahiga Creek.
“All obstructions will have to be cleared and I’d like to tell Raquel (Arce, Probe chief) to bring the notices and when the right time will come we will have it implemented,” Rama said.
The same applies to all structures encroaching into the three-meter easement zone of Estero Parian (Parian Estuary).
Former city councilor Jose Daluz III, Reduction Danger Zones project chairman, said they are planning to clear the whole stretch of Estero Parian and remove the illegal structures, similar to what would be implemented in the Mahiga Creek.
Mahiga is the pilot area of the city’s restoration project, which Daluz said would be replicated in other rivers, including Estero Parian.
He said the city plans to restore Estero Parian to its original width as a solution to flooding in downtown areas. If this pushes through, several establishments are expected to be affected.
Daluz said notices will be issued against the establishments along Estero Parian, a creek at the downtown area of the city that passes through Legaspi Street to D. Jakosalem Street. Its waters exit at the port area in Barangay Tinago.
Daluz said the establishments violated easement regulations as delineated in Article 638 of the Civil Code of the Philippines, which states that “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.”
Article 51 of Presidential Decree 1067 (Water Code of the Philippines) also prohibits the erection of any structure within three meters from the highest water mark in urban areas, 20 meters in agricultural areas and 40 meters in forest areas.
In a press conference yesterday, Rama specifically mentioned the footbridges built over Mahiga River that should be removed as soon as possible.
He said that if possible all obstructions are gone before he arrives back from Portugal. Rama goes to Portugal today to honor a sisterhood agreement and would stay there for a week.
“If they can do that before my arrival and give it as my welcome gift,” Rama said. — Mechelle P. Florita and Kristine B. Quintas/RHM (FREEMAN)