Mandaue City Hall lists down footbridges, establishments that encroach on Mahiga Creek

GONE SOON. footbridges such as these (left) will be demolished to free the Mahiga Creek (Above) of obstructions that have been constricting the waterway. (CDN PHOTO/TONEE DESPOJO)

Inspectors from the Mandaue City Hall has identified 41 footbridges and 12 establishments that were found to have encroached the three-meter easement zone of the Mahiga Creek.

Mahiga Creek is one of the larger creeks in Metro Cebu that often overflows during heavy rains.

A report submitted to Mayor Jonas Cortes said a team from the Housing and Urban Development Office (Hudo) and the City Engineering Office went to the Mahiga Creek on Oct. 15 and documented the structures that were found to have violated provisions of Republic Act 7279 or the Urban Development and Housing Act.

The report, signed by Vincent Guy C. Aquino and Nelson N. Perez of the Hudo and Efren Castaneda of the City Engineering Office, specifically cited Section 28 of RA 7279 which states the conditions where authorities are allowed to evict and demolish violators.

While “eviction or demolition as a practice shall be discouraged … (it) may be allowed … when persons or entities occupy danger areas such as esteros… riverbanks, shorelines (and) waterways.”

Presidential Decree (PD) 1067, also known as the Water Code of the Philippines also disallows the construction of structures within the easement of rivers and streams. The law also prohibits the construction of houses within the three-meter easement zone in urban areas.

Authorities and experts have long been blaming the construction of structures on top of major water systems like the Mahiga Creek for constriction of the flow of water which have been causing floods in both the cities of Cebu and Mandaue during heavy downpours. The creek serves as the boundary between the two cities.

Earlier this month, a panel composed of representatives from the Mandaue and Cebu City governments was created to discuss steps on how to remove the houses and other illegal structures built within the three meter easement of both sides of Mahiga Creek.

The creation of the committee was decided after City Hall officials led by then Acting Cebu City Mayor Edgardo Labella and Mandaue City’s Mayor Cortes met to discuss the issue last Oct. 3.

Former Cebu City councilor Jose Daluz III who was designated as the panel’s spokesman earlier said each city will have four representatives in the committee that was tasked to speed up the removal of these illegal structures.

In the Oct. 3 meeting, Mayor Cortes was quoted to have said that he also agrees with the position of Cebu City Mayor Michael Rama that the 22 foot bridges along the Mahiga Creek shall be destroyed since it obstructs the flow of water and causes the river to overflow.

“Karon nga duna nay namugna nga komitiba nagpasabot nga may koordinasyon na ang duha ka local government units ug makapadali na kini sa pagtrabaho pagtangtang sa illegal structure diha sa sapa,” Daluz earlier told reporters.

(Now that a committee has been formed, it shows that there is coordination between the two local government units to speed up the removal of illegal structures in the creek.)

Among those identified by the Mandaue City Hall team to have encroached on the easement zone were the Cityscape Hotel, the Cebu Hung Tin Soy Factory, the Quisumbing Compound, Pidots Cycle Parts and Gentle Breeze Subdivision, all in barangay Subangdaku.

Of the 41 footbridges, the most prominent were the concrete bridge that leads to the Cebu City Abattoir and another concrete bridge in barangay Sapa-Sapa that was donated by former Rep. Nerissa S. Ruiz.

While it was Mayor Rama who initially called for the demolition of the footbridges, the one leading to the slaughterhouse should not be included.

“It was professionally done (unlike the the other bridges). It’s a government infrastructure. It’s not a private infrastructure. I wish they (Mandaue City) will have to rethink about it before they pursue (the demolition),” he told CDN.

The mayor has ordered the City Legal Office to look into the matter.

Mandaue City Administrator James Abadia said the inspection made by Mandaue City Hall is the first step towards the demolition of some of the footbridges.

He however, emphasized that not all footbridges would be dismantled as they still have to evaluate each and every structure that the inspectors identified.

“Not all footbridges are illegal, we should prioritize and carefully identify what to demolish,” he told Cebu Daily News.

Andres Suson, assistant city engineer of Mandaue City, said the next step for them is to determine which among the structures violated the National Building Code.

“The said establishments and footbridges shall be checked by our office, we’ll verify if it was built after or before the National Building Code was enacted,” said Andres Suson, Asst. City Engineer. “Ato ning subayon kung unsa tuiga gi-build ang structure.” (We’ll trace when these structures were built.)

The official said he could not give an estimate on when the demolition would start as the process would take time.

Daluz, head of Cebu City’s Reduce Danger Zone (Redz-R)- River, said that during their inspection it was found out that several illegal structures are constructed with the side of Mandaue City.

There is also a house that is constructed right on top of the Mahiga Creek near barangay Subangdaku bridge and it will be among the illegal structures to be demolished, he added.

Dr. Eddie Llamedo, regional spokesman of the Department of Environment and Natural Resources (DENR-7), earlier admitted that they have no police power to stop business owners from building structures or from demolishing structures inside the easement zone of riverbanks.

Llamedo said that even with the law prohibiting structures in designated easement zones, the DENR cannot initiate the filing of cases against business owners because only the local government units (LGUs) can compel them to demolish their structures.

“Only the LGUs or the court can compel these establishments to remove structures that are beyond the required easement,” he told a forum in September.

Llamedo however, said that the DENR could provide technical assistance to LGUs, but the LGUs should be the ones to initiate the filing of cases against business owners whose structures are built on waterways. /with a report from Chief of Reporters Doris C. Bongcac

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