Archival sees no basis for Monterrazas CDO, says council ignored facts

CEBU CITY, Philippines — Mayor Nestor Archival has flatly rejected calls to issue a cease-and-desist order (CDO) against the controversial Monterrazas de Cebu development.

The mayor said that some members of the City Council failed to consider existing technical findings and regulatory decisions before pushing for a halt to the project.

In an interview on Wednesday, June 17, Archival pushed back against recent efforts led by Vice Mayor Tomas Osmeña and the council’s minority bloc to suspend the hillside development. The calls stem from fears that it could worsen flooding and endanger downstream communities.

READ MORE: Osmeña on stopping Monterrazas: ‘People most at risk do not have a voice’

“I appreciate the concerns, but as mayor, I should look beyond that concern. I understand nga atong tan-awon ang mga tawo sa ilalom (I understand that we have to look after the people living downstream), but we also have to understand the bigger picture,” Archival said.

The remarks came a day after Osmeña urged him to stop all construction activities at Monterrazas except for the completion of water catchment facilities, warning that allowing the project to proceed amounted to “playing Russian roulette” with the lives of residents living below the development.

But Archival made it clear that he sees no basis to issue a shutdown order.

‘The catchments are already there’

Archival said the debate appeared to ignore findings already submitted to the city government, particularly those concerning the project’s flood-mitigation measures.

“There was a pronouncement by the vice mayor that he urged me to issue a cease-and-desist order. Meaning, if wala pay catchment, then cease and desist. But the idea there is, if the catchment is already there, should we have a cease and desist?” he said.

“But I think the council has not been able to read the report that the catchment has already been done.”

BACKSTORY: Monterrazas de Cebu: Timeline of key developments and regulatory actions

The mayor did not directly criticize Osmeña but suggested that some council members may not have fully reviewed documents and technical reports already available to the city.

“It’s very clear here. Wala lang gyud siguro sila kabasa,” he added. (Maybe they simply have not read it.)

DENR remains final authority

Archival also stressed that environmental compliance and technical regulation of large-scale developments fall primarily under the jurisdiction of the Department of Environment and Natural Resources and its regional offices.

He said the city government cannot simply disregard the findings of national regulatory agencies.

“We are regulated by certain regulations. The DENR is the highest authority that can give us guidance on this issue,” he said.

The mayor noted that critics have repeatedly questioned the qualifications of city officials assigned to review the Monterrazas issue, including members of the technical working group he earlier created.

He argued, however, that local officials do not need to function as engineering experts to determine whether developers have complied with documentary and regulatory requirements.

“You don’t need experts to check if the documents are followed because the one who will check the requirements for the regulation is the DENR,” he said.

Council divided over Monterrazas

During Tuesday’s council session, Osmeña urged the city government to stop further development until flood-control measures prove effective. He warned that engineering assurances alone cannot eliminate the risk of a catastrophic landslide or flood event.

The vice mayor argued that government officials could face responsibility if a tragedy occurred despite repeated warnings.

The council, however, stopped short of recommending an immediate shutdown.

READ ALSO: Flood control: Cebu needs watershed-based solutions, Project NOAH says

Instead, the majority bloc referred the matter to the Technical Infrastructure Committee (TIC) for further study, citing existing technical findings and the need for due process.

Councilors from the majority argued that available reports do not directly attribute flooding incidents solely to Monterrazas.

They pointed to findings from the DENR and other agencies that identified broader drainage and infrastructure problems affecting downstream communities.

Previous findings favor continued monitoring

The latest debate unfolded months after the DENR Environmental Management Bureau Region 7 lifted a stoppage order on the project.

It determined that the developer had complied with environmental requirements and completed remedial measures, including upgrades to its detention ponds.

Earlier resolutions the City Council passed also concluded that a cease-and-desist order was not warranted at present. But local lawmakers also asked the developer to continue complying with city ordinances and regulatory requirements.

One of those resolutions stated that Monterrazas’ ongoing compliance and coordination with government agencies did not justify an immediate stop-work order. Councilor Jose Abellanosa authored it.

Archival pointed to those previous actions as evidence that the city had already undertaken substantial reviews of the project.

“So what’s on the table? You can see previous resolutions there. There are already so many resolutions that have been passed,” he said.

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