The environment department asked him to take legal action against a resort in Sta. Fe, Bantayan Island, for encroaching on the beach but lawyer Antonio Oposa Jr. said there’s no need.
Oposa, who is out of the country, told Cebu Daily News that the Regional Trial Court’s 2009 decision that bars structures within the 20-meter easement zone is still in effect.
“I don’t need to file a case. There is a continuing mandamus order that DENR can easily and readily use as legal basis to remove any obstructing structure. They just have to read it,” he said in a text message.
Earlier, the Department of Environment and Natural Resources (DENR)-7 asked him to file a case in court against Marlin’s Beach Resort for its “continued defiance of the request” of the DENR to demolish permanent structures newly rebuilt on the shore. CDN first reported in May 30 that some resorts, including Marlin’s was building back on the beach.
In 2010, Judge Marilyn Yap of the Mandaue RTC issued a writ of execution ordering DENR-7 to demolish several beachfront structures owned by six resorts in the town.
The court also prohibited DENR-7 from issuing environmental compliance certificates (ECC) for projects in the whole island until it comes up with a land use plan for Bantayan.
Oposa, some Bantayan residents and environmental advocates sued the DENR in a petition for patrimonial malpractice, mandamus and damages.
DENR-7 spokesman Eddie Llamedo said it would be more appropriate if Oposa files the complaint since their agency was the respondent in the original case.
Despite Oposa’s stand, Llamedo said DENR will pursue the case against Marlin’s for violating the Water Code and the National Integrated Protected Areas System (Nipas).
“We’ll discuss this matter with DENR lawyers for the next steps if only to preserve and uphold our previous orders against Marlin’s Beach Resort. The DENR-7, on the strength of the two orders issued last year plus the recent probe results, may compel us to file a case against Marlin’s,” he said.
“We still hope that Atty. Oposa, as one of the plaintiffs in the civil case, will initiate the move. But for violations in the Water Code and law, the DENR will file the case anchored by the two laws,” he added.
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