Resort: DENR ‘choosy’ in enforcing demolition

Sunday, May 22, 2011

MARLIN’s Beach Resort in Bantayan Island has asked the Regional Trial Court (RTC) Branch 28 in Mandaue City to deny the motion of the Department of Environment and Natural Resources (DENR) to cite the establishment for indirect contempt for lack of merit.

Marlin’s Beach, represented by lawyer and Cebu City Councilor Edgardo Labella, also asked the court to require DENR to explain why it is focusing on the demolition of structures on Marlin’s when there are other resorts in Bantayan Islands in northern Cebu that are violating the law.

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Records showed that RTC 28 Judge Marilyn Lagura-Yap ordered DENR on Aug. 25, 2009 to demolish the structures found on the 20-meter easement zone on the shoreline of Sta. Fe, Bantayan Island.

The structures reportedly violated a provision in Presidential Decree 1067 or the Water Code of the Philippines, which prohibits structures on the easement zone—the area reached by the highest tide going 20 meters inland.

Violators

The court found the structures of Abaniko Beach Resort, Tickety Boo Beach Resort, Marlin’s, Yoonek Beach Resort, Kote Beach Resort and St. Bernard Beach Resort as having violated the law.

In its manifestation to cite Marlin’s Beach Resort for contempt, dated April 25, 2011, DENR lawyer Tranne Lee Digao-Ferrer said the resort conducted “renovation” works within the 20-meter easement zone.

But Marlin’s Beach said the DENR’s allegation is “unjust.”

“Since the issuance of the order of this Honorable Court directing the demolition of the seawall constructed in the resort, herein respondent has not lifted a finger, so to speak, in rebuilding the same,” Marlin’s Beach said.

The resort submitted a picture to the court, showing part of the establishment where the DENR, acting on a court order, had demolished a seawall.

The picture showed that Marlin’s did not construct a new structure but merely repaired the old structure which had “almost become dilapidated due to wear and tear and is not in the court order to be demolished.”

Marlin’s Beach told the court that it does not intend to disobey the court order as it is also concerned about the protection of the environment.

The resort, however, asked the court to look into DENR’s alleged “selective implementation” of the court order for the demolition of certain structures in Bantayan Islands that, it said, was “harboring on manifest partiality.”

It pointed out structures on the easement zone that were not demolished by the DENR.