CPA told: Secure permit regardless of ownership

Cebu City Mayor Michael Rama orders installation of a biofence around CPA’s port project near City Hall, halting construction due to permit issues. | Photo by Cebu City News and Information

CEBU CITY, Philippines — The city legal officer on Monday reiterated that the Cebu Port Authority (CPA) did not secure a building permit for their construction along Compania Maritima premises.

Lawyer Carlo Vincent Gimena, city legal officer, said that the CPA must have to secure a permit for their construction in the port area along the Compania Maritima premises, in the vicinity of the Aduana area, and this despite their claim on ownership in the property within the Baseport.

“Under PD (Presidential Decree) 1096, yes [they must]. Wala may giingon didto nga exempted sila. Asa man dapita sa National Building Code nga exempted sila? Palihug kuno ko’g cite [sa] specific provision anang dapita. Asa dapita atong ipapangita kay wa gyud koy nakit-an,” Gimena said.

(Under PD (Presidential Decree) 1096, yes [they must]. It did not say there that they are exempted. Where in the National Building Code that they are exempted? Please, city to me the specific provision in that part. Where? So that we can have someone look for it because I could not see that.)

Gimena said this could be seen in the Section 301 of the PD 1096.

He added that it did not matter who owned the property for as long as they would secure a building permit.

“The fact there remains nga magtukod gani ka’g structure, you should secure building permit from the Office of the Building Official sa Cebu City where the structures is located,” he said.

(The fact there remains that if you want to build a structure, you should secure a building permit from the Office of the Building Official in Cebu City where the structure is located.)

Not about ownership

The CPA, a significant entity overseeing port operations in Cebu, has become aware of recent legal action taken by the Office of the Building Official (OBO). The OBO has filed complaints with the Office of the Ombudsman-Visayas, accusing the CPA of violating construction regulations, particularly related to the National Building Code.

Gimena clarified that the concurrent issue “is not about the ownership” but the absence of the permit for building a structure within the jurisdiction of Cebu City.

“Based sa records nato diri sa OBO, wala man gyud sila ni-secure og building permit sa pagtukod ana. This is a totally different issue. Dili nato apil-apilon ang katong naa sa kaso lahi man to. Lahi to nga issue didto, kani lahi sad ni,” he said.

(Based on the records here in OBO, they did not secure a building permit on what they are building there. This is a totally different issue. We won’t include those included in the case because that is a different one. That is a different issue there, this is a different one.)

Gimena added that based on the OBO records, the CPA had committed “illegal construction.”

CPA stands firm, Rama wants them out

Meanwhile, in their statement, the CPA said that they “stand firm” on their position “that the Cebu Port Authority is not within the territorial jurisdiction of the Office of Building Official of Cebu City as it is undoubtedly beyond the bounds of authority granted to the City’s Building Official as provided in Section 207 of Presidential Decree No. 1096 or the National Building Code of the Philippines.”

READ: CPA: Alleged construction violations are baseless

“For several years, CPA has fully respected the solemnity of the judicial proceeding to finally put to rest the issue of the ownership of Compania Maritima premises,” the statement further read.

On June 5, 2023, the Regional Trial Court has favored CPA, representing the Republic of the Philippines, ‘as the beneficial owner and the property within the Baseport of Cebu.’

Following the court’s ruling, the CPA said that “finally” they were able to resume their plans to further improve Cebu’s port capacity through their seaport expansion projects.

Despite the court’s decision, Cebu City Mayor Michael Rama in part, emphasized that the CPA did not have the said ownership.

“No, no. They don’t have that ownership. I want them out and they should go to Consolacion. All of them [the] CPA, CIP (Cebu International Port) and maybe we can rearrange the pier. I will work it out in Manila,” Rama said in a short interview with media on Monday, March 18.