By CESAR JOLITO
The Bacolod City government is preparing to issue additional cease and desist orders (CDOs) against the construction of several infrastructures found to be obstructing waterways, Mayor Greg Gasataya said yesterday.
“This is part of our continuing effort to clear all waterways and prevent flooding, especially in areas repeatedly affected during heavy rains,” Gasataya said.
“Our waterways must remain clear. Anyone who contributes to flooding by violating easement and environmental laws will face consequences — whether they are property owners or government personnel,” he emphasized.
Gasataya added that the CDOs follow the three earlier orders already served to erring establishments.
The city is currently finalizing the necessary documents before formally issuing the next batch of directives.
Among the structures identified as obstructing water flow are tamburong installations, box culverts and even residential houses built within easement zones.
On November 28, Gasataya issued a CDO against a private landowner who built a concrete riprap and fencing structure along Sulom Creek in Barangay Villamonte.
The structure was found to encroach on the creek’s legal easement and obstruct water flow, contributing to flooding risks for nearby residents.
The landowner was given 72 hours to dismantle the fence and explain why they should not face administrative, civil or criminal charges.
Although the property presented a fencing permit dated May 28, 2024, city inspectors flagged multiple violations, including obstruction of a natural waterway under Article 51 of Presidential Decree 1067 (Water Code of the Philippines), breaches of the National Building Code, and violations of local environmental ordinances.
On the same day, another CDO was issued against Neo Food Corporation for allegedly fencing off a creek in Purok Santol, Barangay 20.
The fence reportedly extended into the waterway itself, blocking water flow and intensifying flooding in surrounding communities.
In hot water
Aside from the enforcement actions, Gasataya also confirmed that five regular employees of the Office of the Building Official (OBO) — mostly engineers, including a former OBO head — have been issued show-cause orders in relation to the issuance of a fencing permit in Barangay Villamonte in 2024.
Gasataya emphasized that government employees are prohibited from processing documents on behalf of private applicants, calling the incident a serious violation of standard procedures.
The employees have been given five days to submit their written explanations as part of the ongoing administrative investigation.
An internal investigation was launched into the employees who allegedly took part in the approval of a fencing permit for an illegal structure that obstructed a major waterway in Villamonte.
According to the mayor, the employees may have improperly accepted and processed documents for a building-related permit, a task strictly limited to designated personnel under existing regulations.
“This is part of our accountability efforts. Regular employees are not authorized to process these applications. We are determining how this slipped through the system,” Gasataya said.
The investigation comes as the city intensifies its crackdown on illegal construction along waterways, a key component of its flood mitigation program.
Gasataya said the recent discoveries highlight long-standing gaps in compliance monitoring and permit processing, which the city is now aggressively addressing.
The City Legal Office and the Department of Public Works and Highways are coordinating next steps as the city ramps up its Oplan Kontra Baha operations.
Demolition
Meanwhile, Gasataya said the city government is finalizing the relocation of houses that have encroached on the waterways.
The demolition of other structures that impede the flow of creeks and rivers was also done.
The mayor said village officials can also help monitor to prevent the reconstruction of houses and structures along the waterways, triggering encroachment which often involves building illegal structures.
The structures block the river’s ability to function naturally, leading to severe consequences such as flooding, soil erosion and sedimentation./CJ, WDJ