Local government executives are empowered by law to demolish illegally constructed houses, buildings or other structures especially if it encroach in the so-called 20-meter easement area in the province's shorelines. This information on LGU empowerment came into the fore following queries reaching the Post as to whatever happened to the Cease and Desist Order (CDO) issued against the Dumaluan Beach Resort in Bolod, Panglao town. The last time it was learned, the Dumaluan Beach Resort remains open since a CDO was issued last year. Another attempt to close the establishment last month did not materialize after its owner former mayor Doloriech Dumaluan sued for time saying he was yet to confer with then Secretary of Natural Resources Angelo Reyes. Since then, nothing has been heard about the celebrated closure attempt. Queries about the Dumaluan case cropped up after it was learned that there is a provision in the Local Government Code giving power to the municipal mayor to close illegally built structures.. This authority of municipal mayors is mandated under Section 444 of the Local Government Code.

Under this power, the municipal mayor shall require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance. In the case of the building in his resort, it was found to have violated the height restriction as set forth by the Panglao Island Tourism Estate (PITE) Development Guidelines. The same building was also found to have encroached the 20-metereasement for public use or salvage zone. Concerns of violations of the 20-meter easement zone in the Panglao area came after the election of the new mayor in the town. Mayor Benedicto Alcala clobbered Dumaluan in a one-sided contest in the May 14 polls. Efforts to contact Mayor Alcala to appraise him about the provision in the local government code which dealt on illegal structures proved futile. He did not return calls made by the Post.