Cebu City’s newly submitted Comprehensive Land Use Plan (CLUP) and Zoning Ordinance are under renewed scrutiny, as a planning expert flagged potential legal issues in the documents sent for national approval.
Environmental planner Augusto Agosto reviewed the CLUP and zoning ordinance transmitted by the City Council to the Department of Human Settlements and Urban Development (DHSUD), along with the endorsement of the Regional Land Use Committee (RLUC).
He raised concerns that the documents may violate existing national laws, which could undermine their validity.
One key issue, Agosto said, is the apparent omission of the Philippine Ecosystem and Natural Capital Accounting System (PENCAS) Act in the planning framework.
The law requires government agencies and local governments to account for the value of ecosystems and natural capital in planning and decision-making.
Ignoring this requirement, Agosto warned, raises legal questions, particularly for approvals that convert environmentally sensitive areas.
“A statute already in effect cannot be set aside simply because it is still being operationalized or deemed inconvenient,” he said.
Agosto also pointed out an internal inconsistency: while the zoning ordinance states it will take effect after publication, the City Planning Office’s transmittal letter to DHSUD describes both the CLUP and the zoning ordinance as “proposed” and still subject to approval.
Under national planning rules, a zoning ordinance cannot take effect without prior approval of the CLUP by DHSUD. Publication alone does not give it legal effect.
Beyond procedural concerns, Agosto warned that several provisions in the CLUP and zoning ordinance may exceed the authority granted to local governments.
These include zoning classifications affecting protected areas, forest lands, watersheds, water resources, agricultural lands, and socialized housing—areas governed by national laws and agencies.
“Legally unstable zoning policies could have long-term consequences, including increased flood and landslide risks, uncertainty for homeowners and investors, and potential legal disputes that could overturn future development approvals,” he said.
Agosto recommended pausing and withdrawing the CLUP and zoning ordinance from DHSUD review to correct defective provisions and align the plans with national laws before implementation.
The concerns arise weeks after former mayor Raymond Alvin Garcia signed the revised Comprehensive Zoning Ordinance into law on June 30, his final day in office.
Garcia said the update was needed to modernize Cebu City’s 1996 zoning regulations and streamline the permitting process.
“If you don’t update it, permits will always require variances. That’s not efficient. Once updated, permits will be straightforward,” Garcia said.
Despite its approval, the ordinance has faced opposition from Carbon Public Market vendors and urban poor groups, who fear privatization could threaten livelihoods.
“Kung pananglitan ma-commercial na, dili na ni amoa. Mapadayon gyud ang pag-privatize sa tibuok Carbon Public Market,” said Erwin Goc-ong of CEMVEDCO.
Groups including CEMVEDCO, Carbonhanon, and CCUVA have also criticized the ordinance for a lack of consultation and transparency.
Garcia, however, rejected calls to delay implementation, emphasizing that one issue should not stall the city’s overall development.
Mayor Nestor Archival, who supported the ordinance as a councilor, defended the law, saying it is necessary to unlock delayed infrastructure and housing projects while assuring the public that contracts related to Carbon Market will be reviewed to safeguard public interest.
“I stood by them before, and I still stand by them now. But I am the mayor of everybody,” Archival said.
The CLUP and zoning ordinance are now under review by DHSUD, which will determine whether the documents meet national planning and legal requirements before full implementation. (LLP)
