OBO Orders CPA to Remove Fence

The Office of the Building Officials (OBO) in Cebu City has ordered the Cebu Port Authority (CPA) to immediately remove the metal fence that it constructed near the Senior Citizens Park adjacent to the old Compania Maritima building because it was done without a construction permit.

The CPA officials insisted to construct the metal fence and even enclosing the former Quezon Boulevard despite of the recent cease and desist order issued by OBO two weeks ago prohibiting them to build the fence without first securing the necessary permit.

City Administrator Jose Marie Poblete, who was designated by Mayor Michael Rama as the officer-in-charge of the Office of the Mayor while he is still in Manila until tomorrow, said the mayor ordered to immediately remove the fence.

“Ang order sa mayor sa dayon niyang biya paingon sa Manila nga gusto siya nga inigbalik niya sa opisina unya sa Biyernes wala na ang koral nga gibutang sa CPA diha sa kilid sa Senior Citizens Park nga walay permit,” Poblete said.

Poblete yesterday called OBO Chief Kenneth Carmelita Enriquez at his office for them to discuss their move on how to remove the illegally constructed metal fence installed by the CPA without securing the necessary construction permit.

Section 301 of the Presidential Decree 1096 or the National Building Code of the Philippines 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 CPA legal officer Yosup J. Uckung has another interpretation of the law claiming that 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.

According to him he does not remember that the port officials are securing permits from OBO when they build projects within the CPA’s territorial jurisdiction.

Enriquez earlier threatened to file the necessary charges before the court against the CPA officials if they will not heed to the order.

An official of the Philippine Ports Authority (PPA) told Enriquez that even the officials of the Philippine Ports Authority (PPA) are securing construction permit from OBO if they have infrastructure projects within their properties in port zones.

Poblete said if OBO will say that the city will forcibly remove the fence constructed by the CPA he will support it.