Eskaya makes final hurdle on clearances

AFTER issuing Eskaya Resort and Spa an order to dismantle a barricade the resort set up to cut access to the beaches and spawning complaints, the Provincial Legal Office (PLO) reports: orders complied. In his report to Governor Erico Aumentado dated February 14, PLO Handel Lagunay said “it is apparent that the order to remove the barricade was already complied with as of last week of January, 2007. It may be recalled that in November of last year, the PLO acted favorably on a complaint alleging that Eskaya has set up a road blockade in a barangay road hindering fishermen and bathers access to the beaches in Sitio Sunrise, barangay Tawala, Panglao. The PLO issued the dismantle order to Eskaya Chief Executive Officer Richard Lim.

The PLO order was based on a positive verification report during an ocular inspection done by the Provincial Engineer Edwin Vallejos and Capitol authorities November 22. Atty. Lagunay cited Panglao mayor Doloriech Dumaluan who has certified that there indeed is a barangay road in Tawala that leads to the beaches. But in defending their side against the order, Eskaya through its legal counsel lawyer Alexander Lim told the Post that they were only laying claim to a part of their property. Eskaya even furnished the Post a photocopy of the land title, which did not show any barangay road cutting through their private property.

Atty. Lim said during a phone interview said that the subject road may have been the access that cuts the Eskaya property which is being used by neighbors as their “illegal road right of way”. The Post, in a story published January 28 named a prominent Boholano family as the main complainant while the information came from an unnamed source at the provincial environment office. Owing to the stir it caused, the issue refused to die with a local paper publishing recently another story of the blockade complaints.

Now, in its update on the reported blockade by Eskaya, the PLO took note of senior environment management specialist Nestor Canda's observations during a later inspection. Canda said in a report that as early as January 17, the subject barangay road in the complaint is open and the public has access to and from the beach area. The report, which PENRO Eduardo Inting indorsed to the PLO also said a bamboo pole however was placed at the left side perpendicular to the barangay road facing the sea to deter the passage of vehicles using the 20-meter easement as roadway.

It was not clear if the same road being meant was the same subject of the complaints. Panglao tourist police team leader SPO1 Sinforiano Abayabay supported the DENR observation in his memorandum to the acting provincial police director dated January 27. SPO1 Abayabay said the road was not blocked but added that there was an ongoing development on the titled lot owned by the Eskaya. Mayor Dumaluan, this time too clarified that there never was a barangay road lateral to the shoreline and within the 20-meter salvage zone near Eskaya Resort.

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