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The Cebu Regional Trial Court has ordered the demolition of illegal seashore structures of six beach resorts in Sta. Fe, Bantayan Island.
Judge Marilyn Lagura-Yap, who attached photos of illegal fences, seawalls and cottages taken during a court inspection last summer, set a 60-day deadline for the Department of Environment and Natural Resources (DENR) to carry out the order in coordination with the town mayor.
The DENR was also ordered to stop accepting, processing and approving applications for Environmental Compliance Certificates (ECCs) of projects in Bantayan island until a Protected Area Management Plan is made for the area.
Bantayan in northwestern Cebu is part of the Visayan Seas, which marine experts says has one of the richest biodiversity habitats underwater.
The Aug. 25 decision contained photos of an ocular inspection in Bantayan made by the judge last May 18, 2009.
She ordered the DENR to make sure that illegal structures built within the ?20-meter distance at the margin of the seashore? are torn down.
?Based on what the court found from the ocular inspection ? Abaniko Beach Resort, Tickety Boo Beach Resort, Yooneek Beach Resort, Kota Beach Resort, Marlin's Beach Resort and St. Bernard Beach Resort have been operating within 20-meter distance delineated as public easement,? the judge said in her order.
With the decision, Yap granted the Motion for Partial Judgment filed on June 18 by environmental lawyer Antonio Oposa Jr., assisted by counsel Benjamin Cabrido, in behalf of the Bantayan Group of Islands.
Oposa and company filed in October last year a petition for patrimonial malpractice, mandamus, injunction and damages was filed before the sala of Judge Yap, which is the designated Environment Court in Mandaue City.
Named respondents are Environment Secretary Jose ?Lito? Atienza, Environmental Management Bureau director Julian D. Amador, DENR Central Visayas director Leonardo Sibbaluca, OIC EMB-7 Rolando Luego and Protected Area Wildlife and Coastal Management regional technical director Dioscoro Melana.
Oposa asked the court to direct the DENR to remove the illegal structures on the seashores of Sta. Fe town, direct the parties to identify the controlling and/or beneficial owner of the resort establishments and to prosecute violators.
He also asked the court to direct the Ombudsman to complete the investigation of DENR personnel who were part of the issuance of questionable ECCs and to direct DENR-7 to report every 90 days the progress in the implementation of the court decision.
Judge Yap said the petitioners, composed of Bantayan Island residents, were deprived of direct access o the sea and into the island.
?The structures posed greater risks to the inhabitants during high tides because then they are forced to pass through the high water marks unavoidably exposing themselves to the rush of strong waves that hit the sea walls,? she said.
Judge Yap noted that concrete structures on the beach front limit the access of fisherfolk to the sea and to prevent them from taking immediate shelter during storms or monsoon rains.
?The structures endanger the safety and livelihood of the inhabitants because they prevent their right to enjoy free access to navigation, floatage and fishing, especially, a right guaranteed to them under the law,? she added.
?The ocular inspection on 18 May 2009 opened the eyes of the court to the irreparable damage that will occur if no restraining order is issued enjoining the further grant of ECCs to constructions and projects inside Bantayan Island,? she said.
?Unless the Protected Area Management Plan for Bantayan Island is obtained, there is no end to the proliferation of illegal structures and constructions within the island which undoubtedly endanger the lives of the inhabitants and endanger their surroundings,? said the judge.
The DENR has to tear down illegal structures in coordination with the Sta. Fe mayor and report to the court 30 days after completion.
