CEBU City Mayor Michael Rama vetoed an ordinance imposing a moratorium on evictions or demolitions undertaken by the city government.
He said it contradicts national laws like the Urban Housing and Development Act (UDHA) of 1992 and the Water Code of the Philippines.
“As the saying goes, the spring cannot rise higher than its source. The local government unit is merely an agent of the State. Its powers are merely delegated, hence it must exercise those powers within its limits, ensuring that it does not overstep any national laws,” Rama said in his veto message to the council which he sent yesterday afternoon.
He said the UDHA law, or Republic Act No. 7279, allows the eviction or demolition in situations when persons or entities occupy danger areas like esteros, garbage dumps, riverbanks, waterways and other public places.
Rama said eviction is also justified when government infrastructure projects are about to be implemented.
The same law also states that a moratorium on eviction and demolition is not allowed for structures built after the UDHA took effect.
The mayor said the proposed ordinance seems to allow people to occupy and build structures in those danger zones and public areas which violate the law.
This also violates the Water Code which states that a three-meter easement zone should be provided for banks of rivers and streams and the shores of seas and lakes.
City Ordinance 2438, authored by Councilor Alvin Dizon, mandates a one-year moratorium on evictions and demolitions on public lands.
Dizon said this would give the city government enough time to identify, acquire and prepare adequate relocation sites for informal settlers.
But Rama refuted Dizon’s claim that the city government has been implementing clearing operation without giving affected families adequate consultation and relocation site.
“In fact, the city government has been compliant with the requirements set by UDHA law and it has exerted extra effort and extraordinary diligence in providing those affected informal settlers with adequate and decent relocation site,” Rama said.
Yesterday was the last day for the mayor to act on the ordinance before it is rendered approved.
The ordinance was approved by the council and referred to his office last November 9.
Under the Local Government Code, the mayor has 10 days to approve or veto an ordinance or else it is deemed approved. Councilor Dizon said he was saddened by the mayor’s veto.
“I haven’t received a copy of the veto letter but my initial reaction is I’m sad that the mayor didn’t approve our ordinance. This is a bi-partisan measure. There’s no politics in this,” he said.