Court Battle Brews Over Fence in Geonzon Road

The Cebu City government lawyers are expecting a legal battle in court against the Cebu Property Ventures and Development Corporation (CPVDC) for insisting not to remove the concrete wall that are constructed beside W. Geonzon Street in Barangay Apas, Lahug, which was declared as a public road.

The road separates CPVDC lots from the area where the Filinvest and province’s business process outsourcing project is situated and Mayor Michael Rama has advised the CPVDC officials to voluntarily remove the concrete fence.

City Legal Officer Jerone Castillo said his office received a letter from CPVDC informing the city of its decision not to remove the concrete wall beside W. Geonzon Street as ordered by Mayor Rama. The letter claims that the area where the road and the fence are situated is part of their lot.

Instead of removing the concrete wall, CPVDC officials installed several culverts beside the road, which are being used as plant boxes.

The City Legal Office had earlier recommended to the mayor the removal of the concrete wall so that a sidewalk can be put in place.

“Fencing the perimeter of the sidewalk in W. Geonzon Street is tantamount to closure in violation of the restriction set forth in its transfer certificate of title. The demolition of the fence should be in accordance with the provisions of City Ordinance 1481,” city lawyers said.

The city lawyers have declared the fence as a ‘nuisance’ as it restricts access for people coming from the area where the Filinvest and province’s joint project to W. Geonzon Street, which has been declared by the city as a public road.

Because it is a public road, it should then be accessible to anyone, they said.

Castillo said they will inspect the place and will recommend what subsequent steps the city can make.

Rama have since been saying he will have the concrete wall removed but did not provide a time frame.