LAND-GRABBING IN LINGAYEN

LINGAYEN–The land-grabbing problem in Dagupan City appears to be a mere drop in the bucket compared to the magnitude of the continued occupation of public lands at the Lingayen Beach by the rich, powerful and influential.

One glaring example is the 28 hectares of public land close to the beach fenced off by a single individual without any supporting document to prove rights of ownership.

A reinforced concrete structure, with a foundation base for a two-storey house, is now rising in the area, built and owned by Councilor Ramon Bataoil, younger brother of Police Chief Superintendent Leopoldo Bataoil, former Ilocos regional director.

The younger Bataoil claims he owns the property located in barangay Malimpuec where he plans to build an agricultural livelihood project involving cattle fattening and breeding.

Per the local government, however, the area is within the area declared reserved by the Municipal and Provincial governments for Eco-Tourism Development Purposes.

In a bid to reclaim the area, Municipal Engineer Marlo Flores has directed Bataoil on February 28 to immediately stop all construction activities in his claimed premises for lack of a building permit.

Bataoil has cried foul over the order, claiming it is politically-motivated.

Mayor Ernesto Castañeda defended the move of the municipal government saying it was only enforcing the law, particularly Sections 213 and 301 of the National Building Code, which states that no structure can be constructed without any building permit.

Castañeda said it was consistent with the resolution of the Sangguniang Barangay of Malimpuec led by Barangay Captain Delfin Velasco calling for a stop to the construction since the property is within the area reserved by the Municipal and Provincial Governments for Eco-Tourism Development Purposes.

“Our plan is to develop the eco-tourism potentials of the Lingayen Beach which has a historical value being the landing place of General Douglas MacArthur and his liberation forces on January 9, 1945,” Castañeda said.

He said meetings are ongoing to finalize plans for an eco-tourism project that will be under the joint management of the town and the provincial government.

Bataoil insists that his project on the land he started to occupy before he became a councilor does not need any building permit.

As early as July 3 last year, Castañeda told the PUNCH that he had sent a letter to then Environment and Natural Resources Secretary Angelo Reyes informing him that a number of personalities have started putting up structures along the shoreline of Lingayen.

He expressed his concern since the municipal government already allotted the shoreline for eco-tourism purposes under the town’s Comprehensive Land Use Plan.

FORESHORE LEASE

AGREEMENT

In his letter, Castañeda took the opportunity to formally apply for a foreshore lease agreement rights over the entire foreshore area of Lingayen

But he subsequently asked the Department of Environment and Natural Resources to hold in abeyance all applications for Foreshore Lease Agreement in the said area to give way to the application of the municipal government.

Responding to Castañeda’s letter, Provincial Environment and Natural Resources Officer (PENRO) Leduina Co issued a memorandum to the OIC of Community Environment and Natural Resources Office (CENRO) in Dagupan City to refrain from giving/ issuing A or D (Alienable or Disposable) certifications to individuals applying for foreshore lease agreement (FLA) within the Lingayen shoreline.

Co also ordered the CENRO to hold in abeyance the initial processing of the pending foreshore lease applications and to advise applicants to wait until such time that the eco-tourism area of the municipality and the province has been delineated.

A certification has been construed by the applicants as sufficient proof of land ownership. This impression has been corrected since the law does not uphold such a claim.

Co, in a separate interview, maintained that PENRO has not processed any application for FLA from any individual yet, except the miscellaneous lease application of the Dagupan City government over public lands in Bonuan Binloc.

The CENRO prepares the papers, including all the needed attachments of qualified applicants before these are submitted to the PENRO for screening and processing.

If the papers are deemed in order, the application is endorsed to the regional office for another screening before it is finally endorsed to the DENR central office for the issuance of the FLA.

It is only the Secretary of the DENR who can approve a foreshore lease permit, Co explained.

Meanwhile, Co said a Provincial Task Force has been formed to conduct an investigation and documentation on all foreshore areas in Lingayen, particularly in areas where illegal structures are now being built.

Co said since Bataoil has not filed any application for FLA at the CENRO, his occupation is illegal. —LM

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