Garcia confirms fast-food chain outlet operating without permit but remained undemolished

Local

AN OUTLET of a fast-food chain in downtown Cebu City has been blocking a public sidewalk for years without a building permit, and City Hall still hasn’t taken it down.

Mayor Raymond Alvin Garcia, who is currently on leave, confirmed, in a recent teleconference, that the outlet at the corner of F. Gonzales Street in Osmeña Boulevard continues to operate without a valid permit, but clarified that no demolition order has been issued.

Garcia said the Office of the Building Official (OBO) was right to withhold the permit, as complaints about the sidewalk encroachment date back to 2016.

However, he emphasized that any enforcement action would fall under Acting Mayor Donaldo “Dondon” Hontiveros 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,” Garcia said.

Garcia acknowledged the establishment’s persistent violation, describing the structure as a heritage building more than 50 years old. While noting its historical value, he said it should not have obstructed pedestrian access.

“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.

He added that the business, if operating without a valid permit, is doing so without any legal authority from the Cebu City Government.

The controversy resurfaced during a recent City Council session when Councilor Pastor “Jun” Alcover questioned why no charges had been filed and why the establishment continued to operate despite years of complaints and the absence of permits.

“Nganong untouchable man na siya? Dugay na kaayo. First term pa nako sa council ako na ng gi-brought up nga issue, but until now wala g’yud na sya mataga-i og action,” Alcover said.

Alcover also raised concerns over the safety of pedestrians forced to walk on the street because the structure encroached on the sidewalk. He implied that political protection might be shielding the establishment, but Garcia declined to comment.

“I don’t have any idea who he’s referring to. I would rather not comment on that particular statement,” the mayor said.

Earlier, City Building Official Florante Catalan confirmed that the fast-food branch still lacks a building permit and has been served multiple notices over the years. The OBO, he said, had already forwarded the case to the City Legal Office for action.

“This issue has long been addressed. We’ve issued notices. The legal office has already given its opinion. Now we’ve learned that it has already been endorsed for clearing to the PROBE team,” Catalan said.

Catalan emphasized that under the National Building Code (PD 1096), no structure can be built or maintained without a building permit. Continued violations are grounds for legal action.

“The OBO is not remiss in acting on illegal structures. In fact, we’ve filed numerous cases in court already. There are no exemptions,” he said.

But Raquel Arce, head of the Prevention, Restoration, Order, and Beautification Enhancement (PROBE) team, said her office has not received any official order from the mayor to initiate clearing operations.

“Legal opinions are one thing, but a mayor’s order is the basis for any clearing operation,” Arce explained.

Other city councilors also weighed in. Councilors Jocelyn Pesquera and Jerry Guardo lamented what they saw as “double standards” in the enforcement of laws, noting that smaller infractions, such as shanty homes, often face swift demolition, while large commercial establishments remain untouched.

“Barong-barong ang balay, gikiha. Pero karon, a building, wa pa gihapon gikiha, that’s already seven years has passed,” Pesquera said.

Guardo added that some barangay officials in upland areas were also frustrated by the lack of enforcement in similar encroachment cases where cease-and-desist orders were ignored.

“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.

The Business Permits and Licensing Office (BPLO) said it would check whether the fast-food outlet has a valid business permit or is merely operating under a temporary one.(TGP)