By
Bohol Sunday PostSaying that no one is above the law, Mayor Benedicto Alcala declared last week that he will use the full force of the law if former mayor Doloriech Dumaluan will remain unyielding on his position not to heed the closure order of his beach resort.
The newly-elected Panglao mayor was reacting to calls why he appeared vacillating all this time with regards to the Dumaluan's resort. Even if Dumaluan lost in the election, the more he defied with impunity the closure order of his resort.
Clearly pique that Dumaluan was practically thumbing the noses of Panglao officials given the former mayor's stubborn stance, Mayor Alcala appeared guarded in his pronouncement not to antagonize his mayoralty rival.
Alcala said much as he desired to carry out the full intent if the law, the Panglao mayor said he will follow the rule of law in closing the Dumaluan establishment.
He said he will resort to diplomatic means in dealing with erring resort operators in Panglao.
If need be, he will also resort to court action if the resort owners remain adamant in their position.
It turned out that not only was Dumaluan the violator of existing laws that dealt on illegal structures especially in the Alona resort row.
Dumaluan's violation is that he constructed a four storey building within the 20-meter easement zone.
Some establishments in the Alona side of Panglao are also guilty of constructing illegal structures.
Earlier, Provincial Legal Officer Handel Lgunay raised the question of what the municipality can do to the illegal construction at the Dumaluan Beach Resort as contained in the report of the Special Composite Inspection Team headed by Nestor Canda, SEMS/chief EMB-Bohol.
Citing the Water Code of the Phils. Lagunay said construction of any kind is prohibited within the easement for public use as provided under Article 51 of the same code.
Lagunay further said that since the DENR has no police power to effect removal of structures within the 20-meter easement for public use, the authority to do so lies upon the local government.
Illegal structures within the beach front or easement for public use and or salvage zone can be considered as nuisance and can be abated as such under the provisions of Articles 482 and 694 to 707 of the New Civil Code.
In the case of the mayor of Panglao, Lagunay said since no valid building permit could be issued for structures within the prohibited zone, Mayor Alcala can enforce the law by virtue of his power under Section 444 of the Local Government Code or Republic Act 7160.
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