21/04/2025
The (SC) has ruled that unauthorized structures on public land, including π·πͺπ₯π¦π°π¬π¦ machines, π΄π’π³πͺ-π΄π’π³πͺ stores, billiard tables, π€π’π³π¦π―π₯π¦π³πͺπ’π΄, and other businesses on beaches, may be demolished for being public nuisances.
In a Decision written by Associate Justice Amy C. Lazaro-Javier, the SCβs Second Division upheld the order to demolish various illegal structures along Matabungkay Beach in Lian, Batangas.
The owners of Villa Alexandra Beach Resort and Restaurant in Matabungkay Beach filed a case for abatement of nuisance, easement, and injunction against Pablo and Patnubay Calimlim (Calimlims), who had operated informal structures along the beach for over 50 years.
The resort owners claimed the structures were built without the necessary permits and disrupted their business and inconvenienced guests, leading to financial losses.
Affirming the Court of Appeals ruling which ordered the demolition of the illegal structures for being public nuisances, the SC found that the structures were built on public foreshore land without the required lease agreement from the Department of Environment and Natural Resources (DENR).
According to DENR Administrative Order No. 2004-24, in relation to the ππΆπ£ππͺπ€ ππ’π―π₯ ππ€π΅ or Commonwealth Act No. 141, foreshore lands may be disposed of only through a lease agreement with the DENR. The Calimlimsβ lease application was denied by the DENR, making their occupation and use of the land unauthorized.
The DENR acknowledged this illegal occupancy and issued Notices to Vacate, which the Calimlims ignored. The SC ruled that their obstruction of and unauthorized occupation and use of the foreshore land equate to a public nuisance.
Read the full text of the Press Release at https://tinyurl.com/yyp6y4kr.
Read the full text of the Decision at https://tinyurl.com/5axh8jcj.
Copying of this content is subject to the SC PIOβs Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/
