DENR no police power over encroachment of waterways

CEBU, Philippines - While the implementation of the Water Code of the Philippines lies primarily with the government, the Department of Environment and Natural Resources stressed yesterday it cannot run after those encroaching the easement zone along waterways.

DENR-7 spokesperson Eddie Llamedo said they can only extend technical assistance to parties, be it the local government unit or private individuals, as far as providing them with necessary information and profiling of water systems in the country.

“We do not have the police power. The implementation lies to the judgment call of the LGU. The DENR issues the ECC or the environmental compliance certificate. This is not a permit. It is the local government unit that issues permits on businesses and residences constructed within the easement zone,” Llamedo explained.

There has to be a court order to stop or remove the buildings that encroach unless the business or home owner voluntarily demolishes the structure, he added.

Article 51 or Presidential Decree No. 1067 states that “(t)he 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. 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.”

Llamedo spoke before members of the academe and media practitioners during yesterday’s Forum on Climate Change organized by the Kapisanan ng mga Brodkaster ng Pilipinas  and the Philippine Information Agency.

Students from the University of the Philippines, Cebu Technological University, and University of San Jose - Recoletos attended the forum held at the Marcelo Fernan Press Center.

The activity was in line with the annual celebration of Cebu Press Freedom Week.

Meanwhile, the Department of Public Works and Highways has allotted P68 million to look into drainage and river system assessment in Metro Cebu cities.

The fund, DPWH 7 spokeswoman Marie Nillama said, came from the central office following the approval of Secretary Rogelio Singson on the request of the Metro Cebu Development Council Board through a resolution.

“The MCDCB sent the resolution to Secretary Singson sometime in April this year. In August, we were furnished the letter of approval from the secretary. There are certain requirements to be accomplished as required by assistant secretary Cabral like hiring a consultant and to provide the data on river lengths in Metro Cebu with focus on problematic rivers” she explained.

The funding, Nillama added, is sourced from the Preliminary Detailed Engineering of the central office tapped by Singson to be used in Cebu as a way to address and prevent further massive flooding. — (FREEMAN)