Banilad firm pledges to remove structure encroaching Mahiga

CEBU, Philippines - One of the prominent companies in Barangay Banilad is committed to remove its structure that has encroached the three-meter easement zone of Mahiga River.

The FREEMAN is withholding the company’s name, as well as those of nine others, pending the issuance of notices and possible filing of cases against them.

Lawyer Mary Rose Salvatierra of the City Legal Office said the company expressed commitment to “address and correct their violation” but the same was conveyed only by phone.

“The (City Rivers Management) council would want to make an impression that we don’t tolerate violations or elusion of law since the problems is evident with regards to the flooding. We would like to set an example,” she said.

On a more positive note, city attorney Jerone Castillo said the assurance given by the company would serve as a “cue” that other violators will eventually heed the rule of law.

Article 51 of Presidential Decree 1067 (Water Code of the Philippines) provides for the “mandatory establishment of easement for public use along the shores of the seas for recreation, navigation, floatage, fishing and salvage ...”

The law further prohibits the erection of any structure within three meters from the highest water mark in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, Salvatierra said.

She added that DENR delineates or defines the areas classified under the salvage zone or public easement zone.

The technical working group of the City Rivers Management Council has initially listed 10 companies that violated the easement regulations as delineated in Article 638 of the Civil Code of the Philippines, which states that “the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general inters of navigation, floatage, fishing and salvage.”

The list will be reevaluated by the CLO, to check the verity of the alleged violations.

Further, the council is set to meet next week to discuss on when to issue the notices to the companies involved.

Castillo reiterated that the filing of case would be the city’s last resort if the companies still fail to execute corrective measures.

 “We will give them the notice of violation and they will make corrective measures by restoring the easement as provided for under the law at their expense, but if they fail to heed the notice and to follow the due process of requirements then as a last resort we will go to the filing of cases,” he said.

Once the notices are issued, the companies are compelled to take action within 10 days to restore the three-meter easement of rivers and other tributaries. Also, they are required to submit into writing the nature of the violation or why there is no violation.

“This is a one community, thus, we should act on it and be responsible people. You reverse the effects of your establishments or any violations. As responsible citizens and individuals It is incumbent upon us to take necessary corrective measures now, without necessarily giving all the responsibilities to the city government,” Castillo said.

CLO has advised the council’s technical working group and the companies to settle the matter and draft effective and beneficial strategies and measures to address the violations.  – (FREEMAN)