THE die is cast: the notices are already out. And Panglao Mayor Benedicto Alcala is ready to demolish structures within the 20-meter salvage zone of the Alona Beach if the resort owners will not voluntarily do so by the end of the month. Alcala said he had the notices sent by registered mail with return card to the owners of 12 resorts on the famed Alona Beach. These resort owners – including two incumbent councilors – have been “a headache”, the mayor lamented. Their sheer hardheadedness has caused difficulty for the town's firetruck, garbage truck and septic tankers in passing through. He has negotiated, cajoled, requested, reminded and directed these owners to demolish these structures, mostly seawalls, but to no avail. During a recent meeting of resort owners at the JJ's Seafoods Village in Tagbilaran City called by Gov. Erico Aumentado, however, Alcala sounded off his predicament to the body that included foreign nationals who have chosen to reside in Panglao,
The participants pressed for the removal of the obstructions that prompted Alcala, as implementor of the law, to issue the notices. Alcala also welcomed Aumentado's offer of a bulldozer, if required, for the demolition of illegal structures set 15 days after the receipt of the notice – or around the end of this month. The public clamor emboldened the mayor to act anew. To note, some resort owners had filed a mandamus case in an apparent move to pressure him into issuing business permits. But the mayor was adamant, saying that he had already given his word: no demolition of illegally constructed structures – no license. The cases have dragged on for around a year now, he said, and have come to the point where the judge had requested for a status quo on the structures during their pendency. Alcala said a temporary restraining order (TRO) would have been better as this expires after 60 days.
And the 15-day waiting period starts.
Meanwhile, Alcala said second- and third lot owners have no choice but go to court to seek for right of way for access to the beach through private property. This issue cropped up during the meeting after resort owners aired the complaints of some guests that the trek to the beach through the public access is so cumbersome and circuitous. Beachfront owners used to provide access through their property but cut this short after passersby abused the privilege – stepping out of the path and onto the grass, loitering around guests' rooms to the latter's surprise and fear in some cases, and dropping litter.
On the other hand, local authorities are waiting for another resort's owners now reportedly in Europe – to call their attention on their no entry policy to the easement zone in front of their property. The easement zone is supposed to be public, and under the law, should be available for recreational activities, among others. A representative of the resort owner denied this, but a former neighbor who merely wanted to walk her dog along the beach pointed out that an armed resort guard denied her entry. She said she was free to walk her dog in the area until this resort started improving the property and imposed the no entry policy. Other resorts also have guards, but they do not deny entry but merely remind passersby to stay within the easement zone and not too close to the property.
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