Cebu Vice Gov. Agnes Magpale said the municipal government of Sta. Fe in Bantayan Island should enforce the 20-meter public easement along the beach amid reports that several resorts are building structures along the shoreline.
“I am strongly urging the local government unit (LGU) of Sta. Fe and other LGUs because we have to consider the standing court order and the Philippine Water Code,” Magpale told Cebu Daily News.
Magpale, who heads the province’s committee on tourism and international affairs, said “shorelines are best kept clear of obstructions especially after supertyphoon Yolanda swept away thousands of houses along the Eastern Visayan seaboard last year.
She cited Malapascua Island, where most structures along the beachfront were swept away by Yolanda.
“It’s really nice if the coastline is clear like in Hawaii. That is why I was happy upon seeing Malapascua. Some of the structures were destroyed by Yolanda so the beachfront looks better,” she said.
The Philippine Water Code establishes easement areas at specific distances from rivers or the sea to protect the right of the public to enjoy free access for fishing, navigation and floatage.
The distance is 3 meters in urban areas, 20 meters in agricultural areas (as in Bantayan’s case) and 40 meters in forest areas.
Implementation of the Water Code was ordered by the Mandaue City Regional Trial Court (RTC) in 2009 when it ordered the demolition of seawalls and other structures in six Sta. Fe resorts in 2010.
Despite the threat of another supertyphoon or storm surge, resort owners in the town are building back along the beach, with some of the structures extending to the sea.
In a visit to Cebu last Friday, Rehabilitation and Recovery Secretary Panfilo Lacson said implementing a 40-meter no-build zone was “downright impractical” in areas that rely on tourism and fishing for recovery.
But he, too, said, no “permanent structures” should rise in the area while “houses-on-stilts” and mangroves can be located there.
Balancing act
Cebu Gov. Hilario Davide III said the government should perform a “balancing act”.
“We had to do a balancing act because that’s a thriving tourism in the area but we also are concerned with safety,” he told reporters.
“We will urge the LGU to enforce the laws on safety of our people from typhoons and surges although we also have to consider the limitations of the law,” Davide added.
Asked what action would be taken by the Cebu provincial government about the encroachment on the beach , Davide said the case is better left to the Department of Environment and Natural Resources (DENR) which is investigating the matter.
Both Davide and Magpale said they still ahve to discuss teh amtter with Sta. Fe Mayor Jose Esgana.
The three are affiliated with the Liberal Party (LP).
Ordinance
According to Magpale, the Cebu Provincial Board (PB) crafted a provincial ordinance banning structures that encroach the 20-meter easement zone from the shoreline.
But the ordinance, authored by former Board Member Ramon Ceniza and co-sponsored by Magpale, was vetoed by then Cebu Gov. Pablo Garcia.
“We do not have jurisdiction over that because these are municipal waters,” she said.
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