ARMED with a writ of execution issued two weeks ago, environment officials began dismantling illegal structures in six beach resorts in Bantayan Island last Friday morning.
Officials of the Department of Environment and Natural Resources (DENR) 7, led by Regional Executive Director Leonardo Sibbaluca and local government officials in Bantayan Island, began by tearing down structures within the 20-meter easement that is supposed to be left free for public use.
Regional Trial Court (RTC) Branch 28 Judge Marilyn Lagura-Yap issued the order for the demolition and removal of illegal structures in six beach resorts last Aug. 25, 2009.
The affected resorts are Abaniko Beach Resort, Tickety Boo Beach Resort, Yoonek Beach Resort, Kota Beach Resort, Marlin Beach Resort and St. Bernard Beach Resort.
Their owners filed a joint motion asking the court to stop the demolition, but Judge Yap dismissed the motion last April 30 for lack of merit.
A writ of execution, dated May 12, 2010, was issued to DENR 7, along with a sheriff’s notice from Sheriff Julbert Opada, to demolish the structures.
According to Judge Yap’s order, the structures deprive fishers of the space they need for their fishing boats or bancas.
“Most of the fisherfolk live alongside the beach resorts. With the proliferation of structures jutting out on the beach fronts, the fisher folk do not have their livelihood because they (the owners of illegal structures) prevent their right to enjoy free access to navigation and fishing, a right guaranteed to them under the law,” the order said.
The order cited Presidential Decree 1067, or the Water Code of the Philippines.
It provides, under article 51, that “the banks of rivers and streams and the shores of the seas and 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, along their margins, are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.”
Before the demolition began, DENR 7 lawyer Tranne Lee Ferrer headed the inventory and assessment of the structures that allegedly encroached on the 20-meter easement zone designed for public use.
More than P3 million worth of infrastructure were demolished Friday, including a seawall, a concrete fence and a portion of a bar.
Aside from Sibbaluca, DENR Assistant Secretary for Field Operations Ernesto Adobo witnessed the demolition and removal of illegal structures from Bantayan’s shores. (JKV)