Cebu City’s land use plan, zoning ordinance hit

Local

THE Comprehensive Land Use Plan (CLUP) and Zoning Ordinance submitted by the Cebu City government to the Department of Human Settlements and Urban Development (DHSUD) have been flagged for serious legal defects.

Environmental planner and real estate consultant Augusto Agosto said a close review of the actual documents transmitted to DHSUD—together with the endorsement of the Regional Land Use Committee (RLUC)—reveals multiple legal red flags that could expose the city to regulatory challenges and future litigation.

Foremost among these, Agosto said, is the absence of integration of the Philippine Ecosystem and Natural Capital Accounting System (PENCAS) Act, a national law already in force that requires government planning and decision-making to account for the value of ecosystems and natural capital.

“Proceeding with land-use approvals that authorize the conversion of ecologically critical areas without integrating PENCAS into the planning framework raises a question of law, not merely of implementation,” Agosto said.

“A statute already in effect cannot be set aside simply because it is still being operationalized or deemed inconvenient.”

Agosto also pointed to what he described as an internal contradiction in the documents submitted for national approval.

While the zoning ordinance states that it shall take effect after publication, the City Planning Office’s transmittal letter to DHSUD explicitly describes both the CLUP and Zoning Ordinance as “proposed” and still subject to endorsement and approval.

Under national planning laws, particularly Executive Order No. 72, a zoning ordinance cannot be legally implemented without prior approval of the CLUP by DHSUD, Agosto stressed. Publication alone, he said, does not give the ordinance legal force.

“This is a threshold defect,” he said, warning that premature implementation could render subsequent permits and approvals legally unstable.

Beyond procedural issues, the review also flagged provisions that appear to exceed the authority of local governments, particularly zoning treatments affecting protected areas, forest lands, watersheds, water resources, agricultural lands, and socialized housing.

“These are domains governed by national laws and institutions, not matters of local discretion,” Agosto said.

He warned that legally unstable zoning policies could have far-reaching consequences, including increased flood and landslide risks, weakened nature-based solutions, uncertainty for homeowners and investors, and a rise in future legal disputes that could reverse approvals already granted.

“When land-use plans disregard binding national laws or exceed legal authority, the long-term costs are borne by the public and future generations,” he said.

Agosto said that if city leaders are sincere in their calls for a moratorium and review, the prudent step would be to pause and withdraw the CLUP and Zoning Ordinance from DHSUD review, correct the legally defective provisions, and realign the documents with Executive Order No. 72, national environmental laws, and the PENCAS Act before any attempt at implementation.

“This is not an anti-development position,” he said. “It is a call for lawful, risk-informed, and people-centered planning—because Cebu’s future must be built on sound law, ecological reality, and accountability, not legal shortcuts.”

The legal concerns surface as the revised Comprehensive Zoning Ordinance continues to face political and public scrutiny.

On his final day in office, former mayor Raymond Alvin Garcia signed the revised ordinance into law on June 30 during his end-of-term report, formally closing his administration and turning over leadership to Mayor Nestor Archival Sr.

“Definitely, I will sign it,” Garcia earlier told reporters. “These are the things nga akong ibilin sa (I will leave to the) next administration. For them, to work with enough ammunition to make Cebu a better place to live.”

The ordinance, authored by Councilor Jocelyn Pesquera and approved by the City Council on June 25, updates Cebu City’s 1996 zoning regulations and aligns them with the new CLUP. City officials said the measure aims to streamline the permitting process, reduce reliance on variances, and guide long-term development.

“If you don’t update it, permits will always require variances. That’s not efficient,” Garcia said. “Once updated, permits will be straightforward. I am 100% for the updated CLUP.”

Despite its passage, the zoning ordinance has drawn strong opposition from Carbon Market vendors, urban poor groups, and civil society organizations, who argue that it threatens livelihoods and was passed without adequate consultation.

“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, CCUVA, and allied organizations also questioned the ordinance’s legal basis, noting that the private contractor overseeing the Carbon redevelopment only filed for a variance in 2024.

Garcia dismissed calls to delay implementation and rejected claims that political promises were made to vendors.

“Mao nay kalahian namo. I did not promise things I cannot deliver just to get votes,” he said. “What is good for Cebu City is what we will do.”

Mayor Nestor Archival Sr., who supported the ordinance as a councilor, has also faced criticism from vendor groups accusing him of betrayal—an allegation he strongly denied.

“Unsa man ako i-betray nila?” Archival said. “I stood by them before, and I still stand by them now. But I am the mayor of everybody.”

While acknowledging calls for dialogue, Archival said the updated CLUP and zoning ordinance were the product of years of technical study and were necessary to unlock long-delayed infrastructure and housing projects.

He also assured the public that his administration would review project contracts related to Carbon and remain committed to protecting the public interest.(TGP)