FACTS:

ABC, a private Corporation, leased a foreshore land covering 30 hectares on the coastline of Argao, Cebu
through a foreshore lease agreement by the DENR-CENRO. It proceeded to construct a beach resort,
with a swimming pool on the foreshore area.

ISSUE:

Whether, under the law, the construction of the swimming pool on the foreshore area is in violation of
the established environmental laws and is nuisance that warrants its abatement or closure.

Can the LGU abate the same as a nuisance?

Yes. Because it is in violation of environmental laws.

Act. 51 PD 1067 or the Water Code of the Philippines. The banks or rivers and streams and the shores of
the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas,
twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are
subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and
salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation,
navigation, flotage, fishing or salvage or to build structures of any kind.

Art. 694. A nuisance is any act, omission, establishment, business, condition of property, or anything
else which:

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or

(3) Shocks, defies or disregards decency or morality; or

(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water;
or

(5) Hinders or impairs the use of property.

Art. 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or
any considerable number of persons, although the extent of the annoyance, danger or damage upon
individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

What are the powers of DENR and PRA with respect to these structures?

https://www.doe.gov.ph/sites/default/files/pdf/eicc/eicc-planning-conference-materials-lmb-foreshore-
presentation.pdf

As a citizen, what are your remedies?

Art. 699. The remedies against a public nuisance are:

(1) A prosecution under the Penal Code or any local ordinance: or

(2) A civil action; or

(3) Abatement, without judicial proceedings.