DENR asks Ombudsman 

to file cases against LGUs 

not implementing zones 

TAGBILARAN CITY, September 26, (PIA)—The Department of Environment and Natural Resources (DENR) recommends to the Office of the Ombudsman the filing of appropriate cases against local officials who refused to implement the clearing of the easement zones which the law has provided for public access. 

The recommendation is also based on the DENR findings that several resorts and beach establishments especially in Panglao and in Bantayan in Cebu are now standing inside the 20 meters from the highest point reached by tide, in areas which the government has designated for public use in the interest of recreation, fishing or salvage zones. 

Section 51 of the Water Code of the Philippines states that banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three meters in urban areas, twenty meters in agricultural areas and forty meters in forest areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, fishing and salvage. 

As such, no person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. 

The DENR position forms part of the presentation which DENR Office of the Regional Director through its Chief of Staff Nestor Canda, for the information officers and tourism officers gathered at the Dumaluan Beach Resort for the Annual regional convention, September 19-21. 

It may be recalled that, concerned over the degradation of the beaches in Boracay, President Rodrigo Duterte ordered the closure of the resort island to institute rehabilitation and correct the abuse and faulty practices that has turned country’s world renowned beach into near cesspool. 

Taking the same order to other parts of the country, DENR Secretary Roy Cimatu inspected Bohol’s beaches in Panglao last March 17, 2018. 

At that time, the environment secretary saw in Panglao the apparent violations similar to Boracay, that he led local authorities to put up demarcation lines to determine the 20 meter public access zones where the construction is permanently banned. 

A month later, by April 16, 2018, the Provincial Environment and Natural Resources Officer of the DENR PENRO issued Notices of Violation based on the Cimatu survey. 

On the following day, the DENR represented by PENRO Eusalem Quiwag enjoined those resorts and establishments who have violated the law on easement to a Technical Conference, to deliver to the owners the ultimatum. 

By April 20, 2018, DENR PENRO endorsed the inventory report of violating resorts and establishments to the Panglao local Government through Mayor Pedro Fuertes. 

However, in the interim, resort owners who thought they have a good position, sought for a court reprieve to keep the demolition tem off their resorts. 

Last August 23, 2018, no less than DENR RD Gilbert Gonzales met with local authorities of Panglao, with the Regional Directors of the Department of Tourism Shalimar Tamano, Environment Management Bureau chief, Bohol Provincial Government Officials and the affected resort owners, to reiterate the government’s position in demolishing the illegal structures encroaching within the 20 meter zones and clearing the easement zone. 

A week later, Presidential Assistant for the Visayas, Michael Lloyd Dino wrote a letter to Panglao mayor Fuertes instructing him to pursue with the clearing and demolition of the illegal structures within the easement. 

But, the DENR said, so far, no demolition [has been] done. 

The LGU is adamant to issue demolition order as in the case of Panglao and Bantayan, DENR said. 

Over this, the government environment agency has requested the Office of the Ombudsman to file appropriate cases in court, if possible. (rahc/PIA-7/Bohol) 

DENR 7 Regional Office Chief of Staff and former Bohol PENRO explains to information and tourism officers the steps which the government has advanced in its efforts to protect the public easement zones in Panglao, during the recent RADIO7Con in Dumalu-an last week. (rahc/PIA-7/Bohol)