Pedestrians are forced to walk on the road after a branch of a major fast-food giant encroaches on the sidewalk in downtown Cebu City. It reportedly also has no building permit, among a host of other violations. | CDN Photo/ Pia Piquero
CEBU CITY, Philippines — Cebu City Mayor Raymond Alvin Garcia remains tight-lipped on allegations that a fast-food chain that encroached on a sidewalk in downtown Cebu City is protected by a politician.
In a recent teleconference while on leave, Garcia said the Office of the Building Official (OBO) was correct in refusing to issue a building permit to the establishment located at the corner of Osmeña Boulevard and F. Gonzales Street, a structure that has blocked pedestrian access for years.
Garcia said the encroaching fastfood outlet, which occupies a heritage building, should have at least preserved the sidewalk and allowed pedestrian passage instead of enclosing it.
“That’s a heritage structure that has been there for more than 50 years, protected by law. What they could have done is to open the sidewalk for people to pass, while preserving the building,” Garcia said.
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He also confirmed that the fast-food outlet has no building permit and therefore has no authority to operate under the Cebu City Government.
“If it does not have a building permit, then it is operating without any authority of the Cebu City Government,” Garcia said.
The mayor, however, clarified that he has not issued any demolition order and deferred to Acting Mayor Donaldo “Dondon” Hontiveros to take appropriate action while he is on leave.
“On my end, I did not issue any demolition. Maybe si Mayor Dondon Hontiveros will be in charge of the matter,” he added.
But when asked about Councilor Pastor “Jun” Alcover’s claim that a politician may be protecting the fast-food chain, Garcia declined to elaborate.
“I don’t have any idea who he’s referring to. I would rather not comment on that particular statement,” Garcia said.
Alcover, who raised the issue anew in a City Council session last week, said the encroaching fast-food outlet has remained “untouchable” despite repeated violations since at least 2016. He said pedestrians are forced to walk along the road because the sidewalk has been obstructed for years.
“Why is it still untouchable? First term pa nako gi-raise na. But until now, no action,” Alcover said. “There was no permit, no clearance. What has the government done all these years?”
Architect Florante Catalan, head of the OBO, confirmed that the building permit application was never approved. He said their office has issued several notices to the establishment over the years and has referred the case to the City Legal Office.
“This issue has been long addressed. We’ve issued notices. The legal office already gave its opinion. Now we’ve learned that it has already been endorsed for clearing to the PROBE team,” Catalan said.
He reiterated that under the National Building Code, no structure can be erected without a building permit. If a violator ignores notices and clarificatory meetings, OBO refers the matter for legal action.
Catalan stressed that the OBO has been consistent in filing cases against violators, with no exemptions.
“Walay gipili. Basta di mo-comply, file-lan siya og kaso didto sa korte,” he said.
However, Raquel Arce, head of the city’s Prevention, Restoration, Order, and Beautification Enhancement (PROBE) team, said her office never received a clearing order from the mayor, a requirement to proceed with removing or dismantling structures.
“Legal opinions are one thing, but a mayor’s order is the basis for any clearing operation,” Arce said.
The Business Permits and Licensing Office (BPLO), meanwhile, said it will check the encroaching fast-food outlet’s documents, as it may be operating under a temporary permit.
City councilors Jocelyn Pesquera and Jerry Guardo also criticized what they called selective enforcement of laws.
Pesquera cited a previous case where a shanty that encroached on an easement was swiftly charged in court, while the fast-food outlet, which occupies a full sidewalk, has not faced legal action for nearly a decade.
“Barong-barong ang balay, gikiha. Pero karon, a building, wa pa gihapon gikiha, that’s already seven years has passed,” Pesquera said.
Guardo said barangay officials have also expressed frustration over encroachments that continue despite the issuance of cease-and-desist orders.
“Asa man ang ngipon, walay ngipon nga mopa-stop nila. They already called the assistance of the police, asa man g’yud ang ngipon sa OBO para mapa-stop,” Guardo said.
OBO officials said they continue to issue notices and refer violations for legal action, but emphasized that only the City Legal Office can file charges. They also raised concerns over resistance from some property owners during enforcement.
“Inig apprehend man gud namo ani nila, naa g’yud resistance, as well as they also created some sort of a murag panghadlok sa among personnel,” one official said.