Legal easements

Ric Maulion

TWENTY meters from foreshore, 40 meters from river bank, seven meters for both the left and right portion of road network — these are all legal easements stipulated in relevant decrees and law of the land. Most importantly among residents of a subdivision, 30 percent open space is reserved for catwalk, alleys, basketball and tennis courts, terminals, covered court,  parking lots, etc. This as provided for in PD 1216 defining an open space for residential subdivisions.

But how far and to what extent is the compliance to this vital provision? Either you are not familiar the existence of this provision or have little general working knowledge. You ignored the abuses committed and allowed the problem to explode right before your face.

As a motorist, you might have already used the newly opened CDO coastal road from Puntod to Gusa. Fine. If not, don’t fret yet. It’s available 24/7.

Lawyer James Judith’s effort in resolving the legal easement issue over a property that was an unwanted eyesore and obstruction, should be mentioned here.

With salty but fresh air caressing your face, the cool sea breeze and the sight of glittering lights dancing  gently from the reflection of ebbing waves, how could you not thank the government  for this valuable road? But let’s accept that had we utilized the maximum available easements from Bonbon, Bayabas, Barra towards Opol in Misamis Oriental, travel would have been even more faster. It is unfortunate however that vultures of development lorded over this project, eating up the 20-meter legal easements from foreshores that could have been maximized for public use.

If national government agencies like the DENR and DPWH did their homework, our country would have been a better place to live in.

Let’s take the world-famous beaches of Boracay as example. There are two faces actually of Boracay. First, there is  the pristine and  sugary white fine sands straddling from Station One that transforms into a party venue at night. Second, go out from periphery of  Boracay and you could see an urbanized setting with all its modern trappings which my good friend Miles Fabula of Romblon calls as New Bronx.  This writer knows this because his original home is right across Tablas Island near Caticlan.

That there are thousands of Boracays spread all throughout 7,100 islands of the country. By all means, the government can retrieve some of these properties given political will. Why not? Boracay is Boracay because the local government preserved its legal easements. But not after the then DENR Secretary Lito Atienza mustered enough courage and recalled titled properties in favor of the government.

Talk how vultures of development  have eaten up available legal easements at the expense of the public. We can’t actually count them all. Look how enterprising Pinoys build residences along highways. I even saw a chapel right on a waterway! Wow! Whose fault is this? The receiving beneficiary like LGU or barangay actually holds the responsibility of preserving and maintaining the project after its turnover, said Engr. Othello Sumugat, municipal engineer of Malitog, Bukidnon.

We need not go that far to see how and where legal easements were abused. It is all over. Just open your eyes. Or you would only wake up one day disoriented after nature unleashes its fury and wrath the way Cagayan de Oro experienced a tragedy years ago. Remember how a body of water overflowed to create a pool with huts and crates literally floating before to the now rotunda? Remember how the Limketkai area became sea-like overnight? What about the untold number of squatters living on sandbars in Consolacion and upstream who were swept away overnight because of the inaptitude of politicians and hard-headedness of gullible residents.

It is hoped that authorities and people are now already guided accordingly and fully aware the importance of preserving our legal easements. Let us not forget the importance of upholding this legal provision and respect for Mother Nature lest we wake up later as victims who committed the same mistakes of the past again and again.