No building permit: Council hits major Cebu fast-food outlet for encroachment

Councilors slam years-long inaction as OBO confirms lack of permit, legal enforcement stalled

City Councilor Jun Alcover | Screengrab from Sangguniang Panglungsod Cebu City – Secretariat

CEBU CITY, Philippines — A branch of a major fast-food giant in downtown Cebu City is under fire for encroaching on a public sidewalk without a building permit, a violation that has persisted for years without enforcement.

During a public hearing on the city’s proposed revised zoning ordinance, Councilor Pastor “Jun” Alcover questioned why no action had been taken against the establishment located at the corner of F. Gonzales Street, despite multiple complaints since 2016.

“Nganong untouchable man na siya?” Alcover asked.

(Why is it untouchable?)

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He said pedestrians on their way to the Basilica Minore del Santo Niño have long been forced to walk on the road because the sidewalk has been blocked.

Anne Marie Cuizon, the assistant head of the City Planning and Development Office (CPDO), confirmed the business has no locational clearance, while Office of the Building Official (OBO) representative Emmanuel Cuizon also admitted the establishment lacks a building permit.

The OBO, he said, had issued multiple notices and referred the case to the Cebu City Legal Office, but enforcement has remained elusive.

Councilor Jocelyn Pesquera criticized the unequal treatment of violators. She noted that while a shanty was criminally charged for easement encroachment, the commercial establishment has operated uninterrupted for over seven years.

“Barong-barong ang gikiha, pero building, wala gihapon. That’s not right,” Pesquera said.

(The shanty was charged, but the building still wasn’t.)

Cuizon argued that despite their efforts, they are hampered by the lack of authority to directly pursue legal action, as only the city’s legal office can file cases.

He added that their personnel have faced “intimidation” when attempting to enforce policies.

Councilor Jerry Guardo shared the same frustrations over continuing easement violations elsewhere in the city.

He said that even with cease-and-desist orders and barangay and police involvement, construction still proceeds.

“Asa man ang ngipon sa OBO? Walay ngipon nga mopa-stop nila,” Guardo said. (Where is the authority of the OBO? They have no real power to stop them.)

Councilor Noel Wenceslao noted the issue of unchecked commercial encroachments is not unique to downtown Cebu, pointing out similar problems in upland areas where businesses are sprouting near protected zones.

Councilor Philip Zafra said the situation reflects a broader failure in enforcement.

“It’s frustrating to pass so many policies only to see no action on the ground,” he said.

Cuizon assured the council that the OBO will revisit the issue and is awaiting the stakeholders’ compliance to clear the lower ground floor. /csl

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