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Author Topic: Beach Owners Should Obey the Rules  (Read 4708 times)

juliusarbizo

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Beach Owners Should Obey the Rules
« on: June 14, 2009, 01:18:38 am »
Beach owners seek TRO against demolition order
AT LEAST 13 beach resort owners recently petitioned for a court ruling to temporarily restrain Mayor Benedicto Alcala from implementing a demolition order set Monday.
Reports said even before the court could act on the petition, another resort, Casanova and represented by Atty. Dennis Hora filed a similar motion Thursday, stopping the mayor from proceeding with the demolition plan.
The ensuing legal battle for the Temporary Restraining Order (TRO) put government and non-government groups into a grind, doing ocular inspections and hearing sides before the court resolves either Friday or Saturday, says Capitol Legal Officer Atty. Handel Lagunay.
Environmental Legal Assistance Center said some of petitioning resort owners have earlier signed undertakings manifesting their voluntary demolition of their illegal structures within the environmental protection zone.
Apparently fed up with the promises and feeling the pressure from environmentalists and local officials, Mayor Alcala finally sent the demolition ultimatum for Monday, June 8.
According to reports, Paz Trotin of the Bohol Divers Lodge and 12 other resort owners seek a TRO against Panglao chief executive who ordered the demolition of the illegal structures within the beaches’ 20-meter environmental protection zones.
Meanwhile Bohol environment officer Nestor Canda assured the embattled mayor of full government support for his decision to implement pro-environment laws.
While PENRO Canda admitted the mayor may be “pressured”, he assured technical personnel from his office to help the mayor in defending his stand in demolishing structures on public access areas.
Speaking at the Kapihan sa PIA, PENRO Canda explained that the local governments are tasked to implement the national and local laws as mandated in the local government code.
Failure to do so may be a cause for administrative sanctions, he added.
It may be recalled that since March of 2008, Mayor Alcala has sent notices of violation to the resort owners with illegal structures on the protected zones.
Reports said Mayor Alcala sent another set of notice of violation last May 15, 2009, one that pushed owners to petition the court’s reiterative motion for the initial request for the TRO and the institution of a status quo ruling, said Capitol legal officer Handel Lagunay at the weekly Governor reports.
Speaking for the Capitol stand, Lagunay cited Article 61 of the Water Code of the Philippines and insisted that Bohol needs to strengthen its tourism potentials and that is by moving back the illegal structures on the beaches, especially along the Alona stretch.
The legal battle came just in time when the whole country celebrates the environment month. (rachiu/PIA)


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juliusarbizo

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Re: Beach Owners Should Obey the Rules
« Reply #1 on: June 14, 2009, 01:27:32 am »
Maayo unta ug masunod gyud ning 20 meters salvage zone kay aron nindot ug hapsay ang atong paglakaw dihang dapita labi na gyud sa Alona Beach area nga hapit gyud ko madam-ag kay mokalit ra man ka ug kahulog kay naa may plant boxes ug uban pang babag sa imong dalan ug ngit ngit pa gyud kaayo. Dili pareho sa Boracay nga hapsay gyud ang imong paglakaw.
Mosogot na lang unta gyud ang mga beach owners kay sila ra man gyud ang bulahan sa ulahi kay mobalik balik man ang mga turista kon nindot ang experience nila sa lugar. pero kon madam-ag gani ka kay daghan ang hollow block sa imong agianan ug mapapag pa gyud kay magjuhot -juhot man gyud ka kay wala man klaro nga agianan, na ug ako dili na siguro mobalik.

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juliusarbizo

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Re: Beach Owners Should Obey the Rules
« Reply #2 on: June 14, 2009, 01:47:54 am »
Demolition starts at Alona
 
AMONG 13 RESORTS AFFECTED. Demolition team starts tearing down structures at resorts in the Alona beach area following non-issuance of TRO from the court. Though some resorts have complied with the EO issued on the 20-meter salvage zone, some are undergoing demolition which has started after the weekend. Foto DANNY REYES       
Heading towards becoming moot and academic, no Temporary Restraining Order came out of the court over the weekend while some resort owners along Alona Beach seeking for it already started complying with the governor's executive order on the removal of structures within the 20-meter salvage zone.
PNP Prov'l Director Edgardo Ingking dispatched policemen to secure the safety of the members of the demolition team.
Mayor Alcala identified the 13 affected establishments as: Atlantis, Playa Blanca, Lost Horizon, Trudis Place, Aquatica Water Resort, Alona Sea Side, Alona Beach, Isis Bungalows, Casanova Beach, Alona Kew, Bohol Divers Resort, Oops Bar and Genesis Dive Shop.
Provincial Legal Officer Handel Lagunay expressed optimism that the provincial government will resolve the issue sooner as some of the 13 resorts that were sent notices of violation and demolition on May 15, had already complied.
Charlotte Resort, for instance, had reportedly removed their structures and moved them away from the salvage zone, while Genesis Dive Shop expressed willingness to transfer their structures at the salvage zone to the rear portion of their resort.
In fact, they had even started processing documents for building permits to implement the changes, Lagunay said.
 
    Panglao Municipal Engineer Rogelio Bunao and Panglao Mayor Benedicto Alcala, for their part, assured the resort owners that the municipal government will issue building permits to construction works that prove relevant in compliance to Governor Erico Aumentado's Executive Order 13.
Charlotte and Genesis were among the 13 resort owners along Alona Beach, led by Paz Trotin of Bohol Diver's Resort, that had sought a court action in March last year to stop Panglao Mayor Benedicto Alcala from causing demolition of the structures.
After the provincial government issued, another notice of violation on May 15, the resorts owners filed a reiterative motion for the court to issue a TRO or status quo order to stop the eyed demolition.
The Provincial Legal Office opposed the issuance of a TRO, considering that human activities facilitated by these structures within the 20-meter salvage zone lengthened the exposure of Alona Beach to further degradation.
Lagunay explained that the provincial government aims to restore the white sands and rehabilitate the shorelines along Alona Beach by protecting them from erosion, as a way of implementing Article 51 of the Water Code of the Philippines which provides for the removal of structures within the 20-meter salvage zone.
Lagunay has also updated the public through the weekly program, Governor's Report, Friday about the marathon hearings that ran from June 1-4, and the ocular inspection that RTC Judge Fernando Fuentes III conducted on Thursday noon.
Fuentes personally checked the location of the survey marker that DENR had placed to delineate the 20-meter salvage zone and determine the types of structures there.
The ocular inspection and the proceedings of the hearings were expected to help Judge Fuentes decide on whether to issue a TRO or not. Saturday came, but no TRO came out. On the other hand, Lagunay also said that another establishment, the Casa Nova Resort, had reportedly filed another move to stop the demolition of structures within the salvage zone or environmental protection zone, but the provincial government still has to receive an official notice on this.
The demolition job immediately generated appreciation from the Alona Beach Community Association, Inc.
In a signed statement, DM Ballie, president of the association congratulated the mayor for finally implementing the law.
He said "we look forward for the clearing of the beach front and most especially the structures blocking the beach front from Aquatica corner to Seaquest Divers, as this will allow the entry of tankers needed to undertake the cleaning of septic tanks in the resorts and provide access during emergencies."



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juliusarbizo

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Re: Beach Owners Should Obey the Rules
« Reply #3 on: June 14, 2009, 04:38:57 pm »
maayo ra jud kay nasugdan na ang pagdemolish. Thanks to the mayor kay dunay gyud kay bayag!

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dennish

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Re: Beach Owners Should Obey the Rules
« Reply #4 on: January 07, 2010, 04:03:00 pm »
Implementation of the law should not be arbitrary and whimsical. Kung ang usa ka balaud, magamando nga kinahanglang naay salvage zone, kinahanglang naay height restrictions sa mga building nga duol sa shoreline, kinahanglang naay density restrictions nga dili unta magduol-duol ang mga buildings salabi na sa duol sa dagat, TANAN unta nga nasud sa maong balaod ipatuman. (This is an actual ordinance.) Pero nganong kana ra man sa salvage zone ang gipatuman? kay ana ra maigo ang iyang mga kontra?.

Besides, okay kaau nga kanang mga dagko u dagko-dagko nga mga establishments nga naa pay kaatrasan, mao untay paatrason jud. Tagaan lang unta ug chance ang gagmay nga wala nay kaatrasan. As far as I know, title properties ra ba jud ni. Kinging mga restrictions nga atong gihisgutan diri, nagpasabot lang sa pag-limitar sa pag-gamit sa usa ka private property; DILI JUD ANG PAG DILI SA PAG-GAMIT niini kay this would tantamount to deprivation of the use of property without due process of law.

Again, manghinaut ko nga nasabtan ang akong mga gipangpulong diri. Salamat.

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