Work Stoppage Issued for CPA Fencing Project

The Office of the Building Officials (OBO) in Cebu City has finally issued cease and desist order (CDO) to the Cebu Port Authority (CPA) officials stopping their fencing project within the vicinity of Compania Maritima right across the Cebu City Hall.

City Engineer Kenneth Carmelita Enriquez who sits as acting OBO head said she had talked with CPA legal officer Yusof J. Uckung where she told him not to pursue the fencing project without first securing the required construction permit.

According to Enriquez the City of Cebu would be compelled to file the necessary charges before the court against the CPA officials once they will not heed to the order.

The City yesterday place a tarpaulin within the vicinity of the old Compania Maritima building informing the public, particularly the port officials that the OBO had issued a work stoppage of the fencing project initiated by the CPA.

Enriquez has advised the CPA lawyers to visit her office so that they can discuss the matter.

The City Legal Office had already issued its stand that CPA is not exempted from securing a construction permit if it wants to build a fence near the old Compania Maritima building.

“Kami gani sa City Hall ug bisan ang Department of Public Works and Highways molukat man g’yud og building permit kon duna mi infrastructure project,” Enriquez said.

She cited Section 301 of Presidential Decree 1096, which provides that “no person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert —without first obtaining a building permit from OBO.”

City Legal Officer Joseph Bernaldez said it is very clear that the Cebu Port Authority, although holds a charter of its own, cannot be exempted from securing a building permit for construction as the fact remains that it is governed by the law.

But Uckung said even if they do not have construction permit for their ongoing fencing project on the CPA property along the old Compania Maritima building, the project is not considered illegal because he does not remember that the port officials are securing permits from OBO when they build projects within the CPA’s territorial jurisdiction.

But Enriquez argued that even the officials of the Philippine Ports Authority (PPA) have told her that they are securing construction permit from OBO if they have infrastructure projects.