CPA defies Cebu City’s order to stop construction
May 2, 2013 11:54 pm
CEBU CITY, May 2 — The Cebu Ports Authority has defied the suspension order the Cebu City Government issued on ongoing works within the property located in front of City Hall.
Lawyer Yusop Uckung, CPA’s acting deputy general manager, said there is nothing illegal in their fencing project in the area, considering they own the property.
He also said there is no need for the CPA to secure a building permit from the City’s Office of the Building Official.
Uckung told the city the property they fenced is within the premises of Compana Maritima, which is part of the Port Management Office and falls within the territorial jurisdiction of the authority.
The city through the Department of Engineering and Public Works, ordered CPA on April 5 to stop its fencing project because the authority has not secured any permit.
Aside from this, the city said there are portions of the lot fenced by the CPA that is owned by the city, as per records from the General Services Offices.
The city also said the subject area should not be fenced nor any obstruction should be placed there so as not to block the view from the newly-established Senior Citizens Park.
In a letter to the City, Uckung cited Presidential Decree 857 which outlines the corporate power and duties of the CPA.
Section 6 states that it will be the duty of the CPA to supervise, control, construct, and maintain, among others, the properties or facilities vested to the CPA.
Uckung also invoked Republic Act 7621 which created the CPA.
Section 9 of the law says it is the power and function of the CPA to manage, operate, improve, develop and govern the activities of all the ports within its territorial jurisdiction.
Moreover, Uckung invoked the Supreme Court decision on the case between the CPA and the Lapu-Lapu City Government where the High Court declared as invalid and unconstitutional the ordinance requiring the authority to secure a building permit for wharves, piers, and other port structures. (PNA)