Agency confirms CDN report on Fe beach encroachment, eyes legal action against Marlin’s Resort
Legal action is being studied against a Sta. Fe beach resort that has “defied” a notice of the Department of Environment and Natural Resources (DENR) to remove a new seawall and restobar built on the beach in Bantayan Island.
A DENR 7 team recommended “to file the appropriate case in court” against Marlin’s Beach Resort which “has shown defiance in our request for the demolition of the reconstructed permanent structures” within a 20-meter public easement zone.
Five other resorts will also be asked to voluntarily remove their illegal structures from the beach area.
The June 9 investigation report was submitted by Ariel Rica, chief of the Protected Area and Wildlife Division, to DENR 7 Regional Director Isabelo Montejo, who sent the team to Sta. Fe to look into Cebu Daily News’s May 30 front page story “Resorts build back on beach”.
Marlin’s Beach Resort (CDN PHOTO/ PETER L. ROMANILLOS)
PERMANENT STRUCTURES
The DENR team confirmed that Marlin’s Beach Resort, one of three resorts mentioned in the news article , “constructed a permanent structure within the 20-meter easement zone.”
The team also observed “permanent” structures of five other resorts that encroached on the beach.
These are Yooneek Beach Resort, St. Bernard’s Beach Resort, Budyong Beach Resort, Coral Blue Oriental and Tristan’s Beach Resort, as well as bungalows and two-storey houses owned by local residents who offer homestay packages to tourists but were buit too close to the sea.
CDN’s photos showed Marlin’s Resort with an elevated deck propped up by rubber tires extending over the water. The deck, topped with beach sand, was used as a restaurant area with picnic tables, a kitchen and umbrellas for guests.
The DENR team verified the report, saying “The base where the tires were attached is made of concrete materials. There are also concrete posts in between tires to hold the tires together.” It also noted a concrete fence and concrete lamp posts.
“The barrier they claim as temporary in nature could not even be removed in a week,” said the DENR report.
BARRIER FOR EROSION
Last June 9 also, the restobar area was the venue of a press conference where Sta. Fe Mayor Jose Esgana and the resort’s German owner explained that the structure was “temporary” and necessary to hold back erosion of the resort property by incoming waves.
Over the years, the waves have swept further inland. They had to build a barrier “to protect our property from totally disappearing from the coast,” said Michael Sylvester, whose wife Juvy Zaspa is from Sta. Fe.
“We can demolish this anytime,” he said, “but with one condition. They (DENR-7) should give us a design or a solution on how to stop coastal erosion in our property,” said Sylvester.
However, the DENR knows only of the resort’s refusal to comply.
“We have not receive a proposal from Marlin’s Resort,” said the agency’s spokesman Eddie Llamedo yesterday.
He said the resort had defied previous DENR orders to remove the new structures.
The resort was inspected much earlier by the community environment officer Moreno Tagra who reported in July 11, 2013 that “reconstruction activities of permanent structures” within the 20-meter easement were going on.
In August 27, the DENR 7 legal division wrote to the resort manager directing the immediate removal and demolition.
The resort’s legal counsel, Edgar Labella replied in a Sept. 16, 2013 letter that no permanent strutures were built, but that the resort put up “a barrier” of old tires filled with sand to protect the foundation of the resort’s restaurant from the waves.
The encroachment of the beach in Sta. Fe was the subject of a big legal battle when environment lawyers Antonio Oposa Jr. and Benjamin Cabrido sued the DENR in 2008.
The agency was called to task for not implementing the Philippine Water Code to the prejudice of fishermen and the public who have a right to free access to public easement areas near the sea and other bodies of water.
In 2010, an order was issued by the Regional Trial Court of Mandaue, which was designated an environment court, for the DENR to demolish seawalls and kiosks of six resorts, including Marlin’s Beach Resort.
The DENR was also prohibited from issuing new Environmental Compliance Certificates (ECC) in Bantayan Island until a land use plan was completed to guide development there.
When the DENR verification team arrived on June 3 in Sta. Fe, Rica said they tried to make a courtesy call on Sta. Fe Mayor Esgana but the mayor was out of the office for another appointment.
Instead, the team talked to municipal engineer Teodula Figuracion, who was asked about building permits issued in the past four years despite the 2010 court order.
“She said that her office has been religiously issuing a lot of notices of violation for the illegal construction within the 20-meter easement zone,” said the report.
What the DENR 7 team found in the easment zone:
1. St. Bernard’s Beach Resort in barangay Ocoy has a concrete post with a wall shower five meters long. The resort is owned by Flemming Hausted Laursen.
2. Yooneek Beach Resort in barangay Poblacion rebuilt a concrete seawall that had been demolished in 2010. The resort owned by the late Bernard Yagun has a minibar with extension, a restroom and 31 blue plastic drums lined up along the beachfront.
3. Budyong Beach Resort owned by Paul Rodriguez in barangay Talisay has a ramp-like dike on its sand barrier.
4. Coral Blue Oriental owned by Joseph Gaisfizer in barangay Tailsay has two bamboo rest houses, a duplex rest house, dining area, restobar and concete seawall encroaching the easement zone.
5. Tristan’s Beach Resort and Restaurant owned by Jose and Nancy Fernan in barangay Taisay has a semi-concrete rest house, restaurant, house and concrete seawall.
6. Marlins’ Beach Resort owned by Juvy Zaspa in barangay Talisay has a seawall made of concrete and rubber tires, a concrete fence with six light posts, steel umbrella kiosks with concrete bases, a restobar with concrete posts and a cogon roof, a concrete kitchen and resthouse.
7. Several resthouses for homestay visitors in barangay Talisay have concrete fences and buildings.