Alcantara reclamation faces risks of forfeiture over violations — COA
CEBU CITY, Philippines – A 23-year-old reclamation project in the southwestern town of Alcantara, Cebu, faces the risk of forfeiture after state auditors recently discovered it had been implemented without the required permits and that it had encroached forestlands.
The Commission on Audit (COA) in its annual report stated that the Municipality of Alcantara reclaimed two tracts of land. One measured up to 8,768 square meters, the other 900 square meters.
However, the project proceeded without approval from the Philippine Reclamation Authority (PRA) and the Department of Environment and Natural Resources (DENR).
The reclamation also lacked prior authority from the PRA, in violation of Executive Order No. 672, which requires PRA approval for all reclamation activities on behalf of the President, according to COA.
Without any approval from the PRA and the Office of the President, at least 13 municipal-owned structures and buildings are at risk of being forfeited.
These include the Alcantara Civic Center, Municipal Hall Building, Administrative Hall Building, Command Center Building, ABC/MSWD Office Building, and a senior citizens building and daycare center.
Alcantara may also lose ownership of the multi-purpose building (Barangay Poblacion covered court), a barangay hall (Barangay Poblacion), a gazebo, a public comfort room, an LED wall storage room, and a cell site tower.
On top of property forfeitures, the local government (the reclaimer) may also face penalties such as a fine equivalent to 10 percent of the reclamation cost, plus value-added tax, subject to reimbursement of actual expenses incurred.
Forestland
Furthermore, the project also encroached on areas classified as forestland.
The state auditing body found out that the local government proceeded in reclaiming the area without permits from the DENR, contrary to the Revised Forestry Code of the Philippines, or Presidential Decree No. 705.
The audit stressed that forestlands are part of the public domain and are not alienable under the 1987 Constitution.
COA also pointed out that Presidential Decree 705 further prohibits the occupation or development of forestlands without a license, lease, or permit from the DENR.
While DENR rules allow government entities, including local government units, to apply for a Forest Land Use Agreement (FLAg) or a Gratuitous Special Use Permit (GSUP) for public infrastructure projects, COA found that the municipality failed to secure either authorization.
Records cannot be located
Meanwhile, COA also found out that the reclamation also lacked a resolution from Alcantara’s legislative body. The Municipality of Alcantara, in a reply to auditors, admitted that it failed to locate the whereabouts of the resolution. There were likewise no records showing that the project had been processed or approved by the PRA.
To comply with COA
COA recommended that the municipality submit a written justification addressing the audit findings, coordinate with the PRA to determine appropriate remedial actions, and consult with the DENR to secure the required permits and avoid penalties.
The local government, in response, agreed to comply with the recommendations, the audit said.
Alcantara is a 5th-class municipality located approximately 80 kilometers southwest of Cebu City. / ###
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
