City Councilor Peter “Jimbo” Q. Maristela authored an ordinance that will penalize any person that constructs fences and other illegal structures in foreshore land and easement zones. The proposed measure intends to make these areas freely accessible to the public and penalizes any person who refuses any access and use.
Councilor Maristela emphasized that it is necessary to protect the rights of the public, particularly the indigents and fisherfolk of local communities, in using these public properties.
“Unfortunately, there are some person or entities in the City especially those with foreshore lease agreement who, without valid authority, prohibit the use of foreshore land and salvage zones or illegally build fences that impede some community, particularly the local fisherfolks, to use said areas,” the proposed ordinance states.
Among the prohibited acts under this proposed measure are: 1) hindering, prohibiting, or refusing any person, without any legal ground and authority, to have access and use of foreshores and salvage zones for recreation, navigation, floatage, and fishing; and 2) building any structure that hinders the public nature of foreshore land and salvage zone.
The City’s zoning officials and the City’s anti-squatting arm, Drive Against Professional Squatters and Squatting Syndicates (DAPSASS), were tasked to implement the ordinance once it is enacted into law.
Penalties for violators range from ₱3,000-₱5,000, demolition of illegal structures built in foreshore and salvage zones, imprisonment of not less than one month but not more than one year, and the City Government’s recommendation for the cancellation of the Foreshore Lease Agreement (FLA) with the Department of Environment and Natural Resources (DENR), if there are any.
If the violator is a business entity, its Mayor’s permit may be suspended or revoked, while if in case the violator is a corporation or association, its chairman, manager, or chief operating office will be held liable and accountable.
The proposed ordinance cited Section 51 of the Presidential Decree 1067, also known as the Water Code of the Philippines, stating that the entire length within the zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas along their margins are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.
“No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind,” the law states.
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