By: Modesto P. Sa-onoy
IF THERE is any barangay in the Philippines where there is no illegal structure on public place or sidewalk, that barangay is a rare community. In fact, the larger the city (or more progressive as their leaders claim) the more illegal structures there are.
I had been citing specific places in Bacolod and some towns in Occidental Negros where these structures are everywhere but no local official or the police or the Department of Public Works and Highways was listening thus they have proliferated into gigantic proportions that it now seems impossible to remove them. The Department of the Interior and Local Government that has supervision over local governments has done nothing to demand that local officials do their job.
Well, until the new mayor of Manila, Francisco “Isko” Moreno, exercised his political will and enforced the law. President Rodrigo Duterte like what Moreno did and the President directed that all local governments enforce the law that had been there for so long people thought it never existed. The abnormal had become normal.
Suddenly the DILG got into the act and ordered all local officials to enforce the law with a threat of sanction, a slap on the wrist of suspension. Well, that is better than nothing.
We don’t know what the other mayors are doing but in Bacolod, Mayor Evelio Leonardia was melodramatic and he issued a warning of demolition after ten days of notice. That would leave the Mayor 50 days to complete the demolition to comply with the 60-days deadline of the presidential directive.
Not to be outdone, the Bacolod Traffic Authority Office immediately went to work by removing the stalls and permanently parked vehicles along the BS Aquino Drive from the corner of San Juan Street. Earlier Barangay 16 had demolished 11 structures.
It is apparent local officials can clear the streets and the sidewalks if they wanted to. But as we have said here before, they are afraid of a backlash from voters so that they kept a blind eye to the violations, in effect nurturing them. Manila Mayor Moreno showed them that doing their job is better than submitting to mob rule.
I find it funny that Leonardia was all go-go on this order that his office reminded the barangay chiefs of the provision of the law. It had been obvious for years that he had been negligent in this regard. Here is what his office issued:
“While complying with the memorandum (of the DILGP), barangay officials were also reminded to be mindful of Section 30 of Republic Act 7279, or the Urban Development and Housing Act of 1992.
“The law states that “barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units of structures within their respective localities.”
Understandably he did not mention that “construction of any kind” needs a permit from this office. Nobody can construct without his clearance so when people begin to construct why were they not stopped?
His office also quoted the law which says: “The head of any LGU concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanctions under existing laws and to penal sanctions provided in this Act.”
Just to remind our readers, the head of the LGU in Bacolod is the mayor so that any failure to enforce the law cannot be delegated or blamed on anyone else.
Hundreds of illegal structures were built in Bacolod, but why were the barangay officials not administratively sanctioned? Is not Leonardia or any other mayor or barangay official liable for tolerating these structures? How can he have moral ascendancy to demand compliance by barangay officials? But let us set that aside because after all, they are guilty of negligence. What is important is doing their job now.
The deadline was for ten days from August 2 so we expect that by that time the owners of illegal structures and junk vehicles occupying the roads shall have complied.
Here we will have a test of wills whether Leonardia will use the full power of his office to enforce the law. It will be their heads or his. Surely, he will save himself, but how far will he go? We hope far enough because he has the President as an excuse.
