Law suit eyed vs illegal structures

CEBU, Philippines — Environmental lawyer Benjamin Cabrido is eyeing to file a writ of continuing mandamus to clear Cebu island's easement zone of illegal structures.

In his Facebook post on Wednesday, Cabrido said a beach resort in Dalaguete town has "blatantly violated" Article 51 of the Water Code of the Philippines or Presidential Decree 1067.

The said law states that the banks of 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, 20 meters in agricultural areas and 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.

It further provides 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.

"Who and what agencies issued it permits to put up a swimming pool and other structures inside the 20-meter no-build zone? Heads will roll!" Cabrido said.

He called the attention of the Department of Environment and Natural Resources, the Provincial Environment and Natural Resources Office, the mayor's office of Dalaguete, the Office of the Building Official of Dalaguete, and the City Environment and Natural Resources Office in Argao town.

Cabrido, the co-founder of the Philippine Earth Justice Center (PEJC), said he will pursue such legal action in due time.

"I'll sue everyone who are complicit in this patent violation of our laws!!," he added in the comments' section. — FPL (FREEMAN)