Batangas: The Supreme Court (SC) has determined that unauthorized structures on public land, such as videoke machines, sari-sari stores, billiard tables, eateries, and other businesses on beaches, can be demolished for being public nuisances.
According to Philippines News Agency, the SC Second Division has maintained a Court of Appeals (CA) order to demolish various illegal structures at Matabungkay Beach in Lian, Batangas. These structures were erected without the necessary permits from the Department of Environment and Natural Resources (DENR).
The legal action was initiated by the owners of a resort in Matabungkay against owners of informal structures that have been operating along the beach for over five decades. The resort owners argued that these structures, lacking proper permits, disrupted their business operations and inconvenienced their guests, resulting in financial losses.
The defendants contended that they had been using the land long before the establishment of the resort, with no intention of causing disturbance to anyone. A regional trial court initially ruled in favor of the defendants, stating that the resort owners had failed to prove that the structures caused damage to their property or a loss of income.
However, the CA overturned this decision, declaring the illegal structures to be a public nuisance and ordering their demolition, along with the payment of damages to the resort owners. The CA highlighted that, under Article 694 of the Civil Code, a nuisance is defined as any act, omission, establishment, business, or condition that harms people's health or safety, annoys or offends the senses, violates decency or morality, obstructs public roads or waterways, or interferes with the use of property.
The SC concurred with the CA's findings, noting that the structures were constructed on public foreshore land without the required lease agreement from the DENR. According to DENR Administrative Order No. 2004-24, in connection with the Public Land Act or Commonwealth Act No. 141, foreshore lands can only be leased through a formal agreement with the DENR.
The defendants' application for a lease was denied by the DENR, resulting in their occupation and use of the land being deemed unauthorized. The DENR recognized this as illegal occupancy and issued notices to vacate, which were ignored by the defendants.
The SC further noted that the structures posed a risk to the resort and its guests. Reports indicated unclean water originating from the structures' toilet facilities, and the kitchen was identified as a potential fire hazard. Additionally, the SC raised concerns about the structural integrity of the building due to the absence of a building permit, endangering those in the vicinity.
