CAGAYAN de Oro City Mayor Oscar Moreno said over the weekend that the "final no build zone areas" will only be determined and resolved once the Department of Public Works and Highways (DPWH) and the Japan International Cooperation Agency (Jica) complete the final alignment of the mega dike project.
The DPWH-Northern Mindanao said earlier that the Jica-funded mega dike is still on the stage of modification of alignment and detailed engineering design. The final alignment is where the whole stretch of the dike will pass through, from the mouth of Macajalar Bay past the Pelaez Bridge along the Macasandig-Balulang stretch.
Moreno, however, said the no build zone would be the land between the river bank and the embankment.
No build zones are easement areas defined under existing laws and policies that are not recommended for human habitation by virtue of the danger it poses to human life and/or property.
"Actually, parts of the FRMP (Flood Risk Management Project) are now in place, and these are the embankment done by the DPWH. The Jica components still have to be finalized, and we expect these to be done soon," he said.
Engr. Gil Iturralde of the DPWH's Flood Control Engineering Division said they have so far recorded 890 households that will be affected by the mega dike project.
Ermin Pimentel, head of the City Housing and Urban Development Department (CHUDD), earlier said that some 3,000 families, some who are Sendong survivors and some informal settlers, are still living in no build zones.
But Pimentel clarified that the 3,000 families he earlier mentioned was the total number of families who are currently applying for the housing program. He said CHUDD is currently conducting orientations for these families.
Some of these 3,000 families have been given the yellow card, a card given by the government to Sendong survivors, while some of them are informal settlers who will likely be affected with the mega dike project.
Pimentel also said some people are again building or refusing to leave their houses in no build zones because of a lack of enforcement and lack of local ordinances prohibiting habitation in such areas.
But when asked about the possible creation of a local policy or ordinance on the no build zones, Moreno said local laws would just be a redundancy.
"There are enough laws now. For instance, if it's public land, we have abundant national laws, local laws would just be a redundancy. If it's private land, then that's where we need to first complete the DPWH-Jica FRMP. The reason is that to the extent that private lands are involved, you cannot deprive the owners of their ownership without due process," he said.
Records, however, showed that there are already existing ordinance on the no build xones.
In 2006, the City Council, under the administration of former mayor Vicente Emano, passed the Zoning ordinance of 2006, but it did not state specific areas of the no build zone.
The said ordinance was created mainly to "guide, control and regulate future growth and development of the City of Cagayan de Oro in accordance with its Comprehensive Land Use Plan."
Ten years later, the City Council, under Moreno's watch, amended the Zoning Ordinance of 2006, and added the protection and sustainability of the environment, taking into consideration climate change adaptation in synergy with disaster risk reduction and management, principles of biodiversity, and preservation of historical and cultural heritage in all development processes.
Section 13.1 of the Integrated Zone Ordinance of 2016 stated all of the areas declared by former President Benigno Aquino III as "No Build Zones." These include Isla de Oro, Isla delta, Isla Baksan, Isla Bugnao, and Sitio Cala-Cala in Barangay Macasandig. They are mostly the hardly-hit areas of Typhoon Sendong.
The ordinance even created the zoning administrator tasked to head the enforcement. It also created the City Zoning Board of Appeals (CZBA), which will handle complaints and opposition, chaired by the mayor, including the city councilor chairperson of the Land Use/Zoning committee, City Legal Officer, City Assessor, City Engineer, City Local Environment and Natural Resources Officer, City Disaster Risk Reduction and Management Officer, 2 representatives of the private sector, and another 2 representatives from on-government organizations.
Section 58 of the said ordinance also stated that "any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P5,000 or an imprisonment for a period not exceeding one (1) year or both at the discretion of the Court."