‘Encroachment? We’re only leasing’

CEBU, Philippines —  The fastfood chain outlet accused of encroaching the sidewalk in Cebu City explained that it does not own the building being expanded and is therefore not liable.

In a letter to the Cebu City Legal Office, Adonis Magsino, branch manager of the fastfood outlet outside the Basilica Minore del Sto. Niño on Osmeña Boulevard, said they have been leasing the premises of the building since 2010 but do not own it, “nor constructed it.”

The CLO earlier ordered the company to explain why it should not be held liable for violation of the National Building Code of the Philippines for encroaching on the sidewalk.

Magsino said that the fastfood branch merely took over after a prior tenant, a pharmacy, closed shop.

The letter did not mention, however, the name of the building’s owner or owners.

“The building was already designed and constructed this way ever since,” said Magsino.

“It was never our intention to encroach on any government property such as the sidewalk nor introduce any improvements that can be considered as an extension to the building,” he added.

Magsino said that the landlord only allowed them to make changes in the interiors since the building was constructed in 1920.

He said that it can be considered as one of the heritage sites in downtown Cebu because it has stood there for almost 100 years.

City Legal Officer Rey Gealon said that while Magsino “harped on the antiquity of the building, being built in 1920 and being considered as part of Cebu heritage, it befits CLO to conduct an in-depth investigation together with Office of the Building Official (OBO).”

Gealon said that the circumstance involves a technical matter of a building seemingly encroaching upon a sidewalk.

“It is advised that an ocular inspection by our experts at OBO be made to set the record straight, as the CLO transmits this explanation with attachments to them and awaits their technical recommendation for proper legal action,” said Gealon.

Section 1002 of the National Building Code of the Philippines provides that no part of any structure or its appendage shall project into any alley or street, national road or public highway. — JMD (FREEMAN)