City to File Charges vs BFP

The Cebu City government will be compelled to file a case before the court against the officials of the Bureau of Fire Protection (BFP) if they will not abandon their building that is situated within the city-owned lot along Natalio Bacalso Avenue and Panganiban Street.

Vice Mayor Edgardo Labella said that if the BFP-7 officials and personnel will not leave their building after the lapse of 15 days from the receipt of the City Hall’s demand letter last October 22, the city will file an ejectment or unlawful detainer complaint before the court.

Labella, a lawyer by profession, has been tasked by Mayor Michael Rama to spearhead the filing of the complaint against the BFP officials over their refusal to leave the building that is now sharing with hospital patients.

“We sent a demand letter because we believe that the occupancy of the fire department is just by mere tolerance of the city. The city owns the lot. And there is no deed of donation or whatever memorandum of agreement,” the vice mayor said.

Labella explained that under the civil code, their occupancy is only by mere tolerance, meaning if the owner intends to use the property, they can ask and file a case of unlawful detainer to take over the property.

Rama tasked the vice mayor to handle legal matters involving post earthquake-related rehabilitation efforts of the City Government, that includes ensuring that patients of the Cebu City Medical Center (CCMC) are properly taken care of.

Rama’s letter, that was received by the BFP officials last October 22, said “In compliance with my duty and power as the chief executive of the city government to carry out, pursuant to Sec. 455 (b) (vii) of the Local Government Code, ‘such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities,’ I am making this formal demand upon the Bureau of Fire Protection to vacate the said lot, and the building thereon, and surrender the possession thereof to the City of Cebu within fifteen days from your receipt hereof.”

The mayor wants to use the building of the BFP, situated just across the CCMC, as temporary hospital, but the fire officials in Manila directed BFP-7 Regional Director Ma. Luisa Hadjula not to abandon the building.

The city’s civil and structural engineers said the 52-year old CCMC building is no longer safe to be used because of several cracks sustained after the 7.2 Magnitude earthquake last October 15. The patients are currently occupying a portion of the BFP-7 building.

When Rama learned that the BFP officials insisted not to leave their building, he said “If war ilang gusto, aw walay problema. Basta di lang sila mangita ug tabang from the city. I have been very patient, but the patients cannot wait.”