ATTY. Jordan Pizarras, “Tig-panalipud sa mga Bol-anon,” calls for an investigation into alleged violations of Article 51 of the Water Code of the Philippines, which mandates a “No Build Zone” along coastal areas. Under Article 51, a 20-meter easement is required from the highest tide mark across the nation’s shorelines, with an additional 10-meter buffer mandated in Panglao due to its designation as a tourist estate.
Despite these regulations, Atty. Pizarras said that many resorts including Modala Resort constructed structures within the 30-meter No Build Zone, blocking public access to the beach.
“Many establishments have failed to comply with this law, and the poor Bol-anons are the ones who suffer the most. Public beaches are meant to be enjoyed by everyone, not just paying guests,” Pizarras stated.
“Modala Resort’s actions warrant an investigation to ensure compliance with existing regulations and restore public access to the beaches.” Municipal zoning ordinances reinforce the national policy by reserving the buffer zone as open spaces for public pathways.
However, several reports suggest that gates and fences erected by certain establishments, including Modala Resort, restrict local residents’ access to the shoreline.
Atty. Pizarras emphasized, “This is not only a matter of law but of public equity and environmental preservation. We must ensure that our natural resources are accessible to all and preserved for future generations.”
The Water Code’s provisions are clear: no permanent structures are allowed within the easement area, and public access must be maintained. Violations could result in fines, demolition orders, or other penalties under national and municipal laws.
Residents of Panglao have raised concerns over restricted access, underscoring that community members should be able to enjoy the island’s beaches freely. Local fishermen have also noted the impact on their livelihoods, as the construction limits their access to fishing areas.
Efforts to enforce compliance are now in the spotlight as stakeholders await official action. Environmental and legal advocacy groups have joined the call for transparency and adherence to the law, urging municipal authorities to conduct a thorough review of Modala Resort’s permits and land use.
Municipal authorities and Modala Resort have yet to release official statements addressing the allegations.
Meanwhile, local advocacy groups are preparing to escalate the matter to the Department of Environment and Natural Resources (DENR) and other relevant agencies. They have noted that the local DENR are turning deaf and blind to environmental violations. For now, the beaches of Panglao remain a contested space as legal experts, residents, and local authorities grapple with balancing tourism growth with environmental and community rights.## (PR)
