SC: Illegal Beach Structures Can Be Removed as Nuisance

By Gerome Dalipe IV

The Supreme Court (SC) has ruled that unauthorized structures on public beaches—such as videoke machines, sari-sari stores, billiard tables and carinderias—may be demolished for being public nuisances.

In a decision penned by Associate Justice Amy C. Lazaro-Javier, the SC’s Second Division upheld the demolition of informal structures along Matabungkay Beach in Lian, Batangas, citing the lack of permits from the Department of Environment and Natural Resources (DENR).

The ruling stemmed from a complaint filed by the owners of Villa Alexandra Beach Resort and Restaurant against Pablo Calimlim and Patnubay Isla Calimlim, who had operated makeshift businesses along the beach for more than five decades.

The resort owners claimed the structures disrupted their operations, inconvenienced guests and caused financial losses.

While a Batangas Regional Trial Court initially ruled in favor of the Calimlims, the Court of Appeals reversed the ruling, declared the structures a public nuisance and ordered their demolition, along with the payment of damages.

The High Court affirmed the appellate decision, citing Article 694 of the Civil Code, which defines public nuisance as any condition that endangers health, safety or public comfort, or unlawfully interferes with public property.

The SC stressed that the structures stood on public foreshore land without the required DENR lease agreement.

Under DENR Administrative Order No. 2004-24 and the Public Land Act (Commonwealth Act No. 141), foreshore lands may only be occupied through a formal lease.

The Calimlims’ lease application had been denied, and they continued to occupy the land despite multiple Notices to Vacate issued by the DENR.

The SC also noted that the structures posed serious health and safety risks, including unclean water, a fire incident linked to their open kitchen, and the absence of building permits raising concerns about structural integrity.