Author Topic: LGU Can Demolish illegal structures, says Atty. Handel Lagunay  (Read 1897 times)

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By KIT BAGAIPO
The Bohol Chronicle


The town executive has the power to order the demolition of illegal structures when they are constructed in violation of the law.

This was the legal opinion issued by Provincial Legal Officer Handel Lagunay in response to the query on what the municipality can do to the illegal construction at the Dumaluan Beach Resort in Bolod, Panglao.

Lagunay gave the opinion in a letter sent to Panglao Mayor Benedicto Alcala regarding the controversial construction at the resort of former Mayor Doloreich Dumaluan.

The illegal construction was earlier the subject of an inspection conducted by a Special Composite Team of the Department of Environment and Natural Resources (DENR) headed by Nestor Canda, Environmental Management Bureau Bohol chief.

Construction of any kind is prohibited within the easement for public use as provided by Article 51 of Presidential Decree 1067 otherwise known as the Water Code of the Philippines.

"The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (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," Article 51 explicitly provides.

The same provision also provided that "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".

In addition to its failure to comply with the requirement for an environmental compliance certificate, the Dumaluan Beach Resort also violated Article 51 when it constructed several structures including a two-storey building right inside the salvage zone.

Despite the controversy that it generated and the complaints filed against it, the resort remained untouchable during Dumaluan's three-year incumbency.

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