An improvised deck built on rubber tires and concrete in Marlin’s Beach Resort extends to the sea. What happened to the 2009 court order prohibiting encroachment of a 20-meter public beach zone in Sta. Fe, Bantayan? (CDN PHOTO/PETER ROMANILLOS)
Waves lap up on the beach of Marlin’s Beach Resort in scenic Sta. Fe, Bantayan Island, a major tourist destination in Cebu.
Instead of a wide expanse of white sand, the front of the resort has a platform built on stacks of rubber tires and concrete piles.
The improvised deck, where guests can dine alfresco, is new.
This and a second resort, Yooneeks, are the target of fresh warnings by the Department of Environment and Natural Resources (DENR) 7 that structures built on the shore are illegal and have to be removed.
The two resorts also face a possible charge of contempt of court for violating a 2009 order of the Regional Trial Court of Mandaue City, whose prohibition against encroachment on the beach covered six Sta. Fe resorts and resulted in the 2010 demolition of a seawall and kiosks in Marlin’s and Yooneeks Resort built within a 20-meter public easement zone.
Will another demolition be ordered?
DENR INVESTIGATION
The rise of new shoreline structures in resorts in Sta. Fe, one of three towns in Bantayan island, which Cebu Daily News reported in May 30 was confirmed in an investigation by a nine-man DENR 7 team.
The team wrapped up its inquiry in Bantayan last Friday and is submitting its report today to DENR 7 Regional Director Isabelo Montejo.
Initial findings showed that several resorts have built “certain structures which are within the 20-meter easement zone”. Some are permanent while the others are makeshift, said Eddie Llamedo, information officer of DENR 7.
Looking ahead, he said the DENR will first ask resort owners to voluntarily remove the illegal structures.
Otherwise, they face charges of contempt of court or violation of the Philippine Water Code (Presidential Decree 1067).
“We will be convening the resorts owners and local officials maybe next week for a meeting so that we can convince or urge them to self-demolish otherwise we are constrained to file a case against them,” said Llamedo.
CDN also reported in May 30 that building permits were being issued by the municipal engineer for new resort structures and house-for-rent units along the coast, part of the post-Yolanda flurry of rebuilding in Bantayan.
This has worried some Sta. Fe councilors who told CDN they feared that fishermen would no longer have access to the beach if the shoreline is fully built up.
Sta. Fe municipal officials led by Mayor Jose Esgana have called a press conference today in the island to make their stand in what’s expected to be a conflict between priorities of tourism and laws that protect public access to the beach.
Part of the 2009 court order of then RTC Judge Marilyn Lagura-Yap was for the DENR to produce a comprehensive land use plan for Bantayan island to guide further developments in the island which is classified as a “protected area” by two national laws.
Until that’s done, no new Envrionmental Compliance Certificate (ECC) can be issued for development projects in Bantayan by the DENR.
“We will file a manifestion in court about the new structures within the 20-meter easement zone for the court to issue an order citing them in court,” said Llamedo.
He was referring to the six resorts covered in the original 2009 court order of which Marlin’s and Yooneks were found last week to have rebuilt shoreline structures.
Five other resorts not covered by the order were also found by the DENR 7 last week to have violated the Philippine Water Code or PD 1067, said Llamedo.
Llamedo said the DENR will file a case for removal or demolition.
On the continuing mandamus or order of the court for the DENR to establish a general management plan (GMP) for Bantayan, Llamedo said the agency hopes it would be able to submit it to the court soon.
RECLAIMED LAND
CDN’s walking tour of the town’s coastline last month showed several resorts including Marlin’s that were rebuilding structures that extend into the water.
Yooneek, whose frontage was already located at the edge of the sea, placed a series of plastic barrels as a wave barrier.
The foreshore of Marlin’s Resort was reclaimed and had an elevated deck topped with beach sand. The platform has picnic kiosks with chairs, tables and colorful umbrellas, for guests to use.
The resort’s legal counsel, Edgardo Labella, at the time explained that erosion forced the owners to built a “breakwater” to protect the beachfront especially during the southwest monsoon or “habagat”.
In August 2009, it was then Mandaue City Regional Trial Court (RTC) Judge Marilyn Lagura-Yap who ordered the removal of “all illegal structures and constructions in Bantayan Island. “
The order became final in May 12, 2010 and was carried out in May 27, 2010 by a demolition team from DENR-7.
Included in the order was a cottage in Abaniko Beach Resort; a seawall, concrete fence and a portion of the bar house in Tickety Boo Beach Resort; seawall, bar and restaurant in Yoonek Beach Resort; seawall, five kiosks, solid fence and two rest houses in Kota Beach Resort; seawall and five kiosks in Marlin Beach Resort; and seawall, bar, restaurant and cottage in St. Bernard Beach Resort; all in Bantayan Island.
“These structures affect the livelihood of fisherfolk there,” the judge’s 2009 order read. She cited the law’s purpose of ensuring public access to the seashore, and public safety.
The case stemmed from a petition filed in 2008 by environment lawyers Antonio Oposa and Benjamin Cabrido “in behalf of the Bantayan Group of Islands.’
They sued for “for patrimonial malpractice” and secured an order barring the DENR from issuing any more ECCs to resorts and other applicants in Bantayan until a comprehensive land use policy is in place to guide further development.
The Philippine Water Code provides that river banks, streams and the sea shore throughout their entire length and within a zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, are easement zones for public use “in the interest of recreation, navigation, floatage, fishing and salvage.”
The nine-member DENR team sent to Sta. Fe was composed of Protected Area and Wildlife Division chief Ariel Rica, members of Community Environment and Natural Resources Officer Carmen, Cebu and Bantayan Island Wilderness Area (BIWA) Protected Area Superintendent Roldan Cotejo; lawyer Unalee Monares, foresters Laurentino Bautista, Jimmy Panebio, Carlington Catadman, Vicente Rustico Calizar, and Raul Pasoc; and Lorenz Gideon Esmero.
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